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U^./l^fMj ', -; 



NORTH CAROLINA 

VOLUME 14 • ISSUE 13 • Pages 1089 




January 4, 2000 






IN THIS ISSUE 

iwH Voting Right Letter 

Nursing, Board of - Public Hearing 

Pharmacy - Narrow Therapeutic Index 

Agriculture __ _i 

Architecture, Board of ^ 

Auctioneers Commission 

Community Colleges 

Engineers & Land Surveyors, Examiners 

Environment and Natural Resources w# 
pHealth and Human Services „.y * ^^ ^ * 
]£ Nursing Home AdnUnistratoiV/ ^/^^^ 
2, Transportation "^^ *^ y!j^ "^iC/^ 




jRules Review Commission 

'""•'^^i^ Contested Case Decisions 



% 






PUBLISHED BY ^^^S:^^ 

The Office of Administrative Hearings 

Rules Division 

6714 Mail Service Center 

Raleigh, NC 27699-6714 

Telephone (919) 733-2678 

Fax (919) 733-3462 



RECEIVED 
JAN 4 2000 



KATHRif'S R. EVERETT 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its^ 
components, consult with the agencies below. The bolded headings are typical issues which the given* 
agency can address, but are not inclusive. 



Rule Notices, Filings. Register, Deadlines. Copies of Proposed Rules, etc 

Office of Administrative Hearings 
Rules Division , \ 

Capehart-Crocker House - _h—h''-^ 

424 North Blount Street -^^^^^^"^^^^^^""^ 

Raleigh, North Carolina 27601-2817 



(919)733-2678 
(919) 733-3462 FAX 



contact: Molly Masich, Director APA Services 
Ruby Creech, Publications Coordinator 







mmasich@oah. state. nc 
rcreech@oah.state.nc.us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 
116 West Jones Street 
/ Raleigh, North Carolina 27603-8005 

contact: Warren Plonk, Economist HI 




Rule Review and Legal Issues 



'. X ; Rules Review Commission 
\| \l307 Glenwood Ave., Suite 159 
Raleigh, North Carolina 27605 



contact: Joe DeLuca Jr., Staff Director Counsel 
Bobby Bryan, Staff Attorney 




(919) 733-7061 
(919) 733-0640 FAX 

wplonk@osbm.state.nc. us 



Tl© 



(919)733-27211 
(919) 733-9415 FAX 



\\\ 



•^ 



Legislative Process Concerning Rule-making 



Joint Legislative Administrative Procedure Oversight Committee 

545 Legislative Office Building Jflfettr 

300 North Salisbury Street --^-^■—..^ ^ (919) 733-2578 ' 

Raleigh, North Carolina 276 1 1 • -S'''''^^^^^^^^ 1 9) 7 1 5-5460 FAX 



contact: Mary Shuping, Staff Liaison 



% r'marys@nis^ncga.state^nc.iis 




County and Municipality Government Questions or Notification 



NC Association of County Commissioners 
215 North Dawson Street 
Raleigh, North Carolina 27603 



(919)715-2893 



contact: Jim Blackburn or Rebecca Troutman 

NC League of Municipalities 
215 North Dawson Street 
Raleigh, North Carolina 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11.13 



NORTH CAROLINA 
REGISTER 



IN THIS ISSUE 




II. 



IN ADDITION 
Licensing Boards 

Nursing, Board of 1090 

Pharmacy, Board of 1091 

Voting Right Letter 1089 



RULE-MAKING PROCEEDINGS 
Environment and Natural Resources 

Environment and Natural Resources 1092 

Wildlife Resources Commission 1092 

HEALTH AND HUMAN SERVICES 
Medical Assistance 1 092 



Volume 14, Issue 13 
Pages 1089 - 1217 



January 4, 2000 



This issue contains documents officially filed 
through December 9, 1999. 



m. PROPOSED RULES 
Agriculture 

Structural Pest Control Committee 1093 ■ 

Veterinary Division 1097 ■ 

Environment and Natural Resources 
Wildlife Commission 1 145 

Health and Human Services 

Medical Care Commission 1 106 ■ 

Social Services Commission 1 100 ■ 

Licensing Boards 

Architecture 1 148 

Engineers & Land Surveyors, Examiners ... 1 154 
Nursing Home Administrators 1 149 ■ 

Transportation 
Motor Vehicles, Division of 1 145 • 



1097 
1100 



1145 
1106 

1149 
1175 
1154 

1148 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601 ) 

6714 Mail Service Center 

Raleigh, NC 27699-6714 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann III, Director 

Camille Winston, Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech, Publications Coordinator 

Linda Dupree, Editorial Assistant 

Jessica Flowers, Editorial Assistant 



IV. TEMPORARY RULES 
Community Colleges 

Community Colleges 1201 - 1202 

Environment and Natural Resources 

Environmental Management 1 177 - 1 192 

Health and Human Services 

Medical Assistance 1 1 76 - 1 1 77 

Licensing Boards 

Auctioneers Commission 1 192 - 1201 

V. RULES REVIEW COMMISSION 1 203 1 209 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 1210- 1217 

Vn. CUMULATIVE INDEX 1-90 



Nonh Carolina Rei;!.ster>s published semi-monthly for 5195 per year by the Office of Admmistrative Hearings. 424 Nonh Blount .Street. Raleigh. NC 
27601 . (ISSN 15200604) to mail at Periodicals Rates is paid at Raleigh. NC. POSTMA.STER: Send Address changes to the North Carolina Register. 
PO Drawer 27447. Raleigh. NC 2761 1-7447. 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Administrative Code (NCAC) has four major subdivisions of rules. Two of these, titles and chapters, 
are mandatory. The major subdivision of the NCAC is the title. Each major department in the North Carolina executive 
branch of government has been assigned a title number. Titles are further broken down into chapters which shall be 
numerical in order. The other two, subchapters and sections are optional subdivisions to be used by agencies when 
appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 



TITLE 


DEPARTMENT 


LICENSING BOARDS 


CHAPTER 


1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


2 


3 


Auditor 


Athletic Trainer Examiners 


3 


4 


Commerce 


Auctioneers 


4 


5 


Correction 


Barber Examiners 


6 


6 


Council of State 


Certified Public Accountant Examiners 


8 


7 


Cultural Resources 


Chiropractic Examiners 


10 


8 


Elections 


Employee Assistance Professionals 


11 


9 


Governor 


General Contractors 


12 


10 


Health and Human Services 


Cosmetic Art Examiners 


14 


11 


Insurance 


Dental Examiners 


16 


12 


Justice 


Dietetics/Nutrition 


17 


13 


Labor 


Electrical Contractors 


18 


14A 


Crime Control & Public Safety 


Electrolysis 


19 


15A 


Environment and Natural Resources 


Foresters 


20 


16 


Public Education 


Geologists 


21 


17 


Revenue 


Hearing Aid Dealers and Fitters 


22 


18 


Secretary of State 


Landscape Architects 


26 


I9A 


Transportation 


Landscape Contractors 


28 


20 


Treasurer 


Marital and Family Therapy 


31 


*21 


Occupational Licensing Boards 


Medical Examiners 


32 


OT 


Administrative Procedures (Repealed) 


Midwifery Joint Committee 


33 


23 


Community Colleges 


Mortuary Science 


34 


24 


Independent Agencies 


Nursing 


36 


25 


State Personnel 


Nursing Home Administrators 


37 


26 


Administrative Hearings 


Occupational Therapists 


38 


27 


NC State Bar 


Opticians 


40 






Optometry 


42 






Osteopathic Examination & Reg. (Repealed) 


44 






Pastoral Counselors, Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing, Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boards. 



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IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the 
Codifier of Rules for publication. 



U.S. Department of Justice 
Civil Rights Division 



JDR:DHH:KEM:emr Voting Section 

DJ ! 66-0 1 2-3 P. O. Box 66128 

99-2101 Washington. D.C. 20035-6128 



September 17, 1999 



George A. Weaver, Esq. 
1 1 3 East Nash Street 
Suite 404 
Wilson, NC 27893 



Dear Mr. Weaver: 



This refers to the creation of the Southeast Water District and the procedures for conducting the November 2, 1 999, special 
bond election for the district in Wilson County, North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting 
Rights Act, 42 U.S.C. 1973c. We received your submission on July 30, 1999. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 expressly 
provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the changes. 
See the Procedures for the Administration of Section 5 (28 C.F.R. 51.41). 

Sincerely, 

Joseph D. Rich 
Acting Chief 
Voting Section 



14:13 NORTH CAROLINA REGISTER January 4, 2000 1089 



IN ADDITION 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 36 - BOARD OF NURSING 

The Public Hearing date in the following notice was in error. Please note the correct date as 
underlined. The agency had subsequently mailed out a notice to interested parties which contained the 
correct public hearing date of January 20, 2000. 

Notice is hereby given in accordance with G.S. 150B-21.2 that the North Carolina Board of Nursing intends to adopt the rules 
cited as 21 NCAC 36 .0701 -.0705 and amend the rules cited as 21 NCAC 36 .0220-.0221. .0227. .0318. .0404-.0405. Notice 
of Rule-making Proceedings was published in the Register on October 1 . 1999. 

Proposed Effective Date: July 1. 2000 

A Public Hearing will be conducted at 1:00 p.m. on Januaiy 23. 2000 January 20, 2000 at the Homewood Suites Hotel, 5400 
Edwards Mill Road, Raleigh, NC. 

Reason for Proposed Action: Legislation enacted in the last General Assembly - Article 9G; G.S. 90-171.80-90-17.94 and Article 
9A; G.S. 90-171.43. 

Comment Procedures: Comments regarding this action should he directed to Jean H. Stanley, APA Coordinator, NC Board of 
Nursing, PO Box 2 129, Raleigh, NC 27602-2129. Comments must be received in the Board of Nursing office by 1 :00 p.m. on January 
23. 2000. 



1090 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



IN ADDITION 



CHAPTER 46 - NORTH CAROLINA BOARD OF PHARMACY 

NARROW THERAPEUTIC INDEX DRUGS DESIGNATED BY THE NORTH CAROLINA SECRETARY OF 

HEALTH AND HUMAN SERVICES 

Pursuant to N.C.G.S. 90-85. 27(4a), this is a publication from the North Carolina Board of Pharmacy of narrow therapeutic index 
drugs designated by the North Carolina Secretary of Health and Human Services upon the advice of the State Health Director, North 
Carolina Board of Pharmacy, and North Carolina Medical Board. 



all oral dosage forms 
all oral dosage forms 
all oral dosage forms 
all oral dosase forms 



Carbamazepine: 

Cyclosporine: 

Digoxin: 

Ethosuximide: 

Levothyroxine sodium tablets 

Lithium (including all salts); 

Phenytoin (including all salts): 

Procainamide Hydrochoride: 

Theophylline (including all salts): all oral dosage forms 

Warfarin sodium tablets 



all oral dosage forms 
all oral dosage forms 
all oral dosaae forms 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1091 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency 's proposed rule making. The agency must 
publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. 
Publication of a temporaiy rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the 
section heading of Temporaiy Rules. A Rule-making Agenda published by an agency serx'es as Rule-making Proceedings and 
can be found in the Register under the section heading of Rule-making Agendas. Statutory reference: G.S. 150B-21.2. 



TITLE 10 - DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 



Authority for the rule-making: 

60.45 



G.S. 13; ] 13-60.40: 113- 



CHAPTER 26 - MEDICAL ASSISTANCE 

-K jotice of Rule-making Proceedings is hereby given by the 
1 y DHHS - Division of Medical Assistance in accordance with 
G.S. I50B-2I.2. The agency shall subsequently publish in the 
Register the text of the rule(sj it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 



Statement of the Subject Matter: 

Prescribed Burn Act. 



Implementation of 



Reason for Proposed Action: A new law, the Prescribed 

Burning Act, was passed by the North Carolina General 
Assembly in May 1999. The law goes into effect on Januaty 1. 
2000. Temporary rules are required to assist in the law 
implementation on January 1. 2000. 



Citation to Existing Rules Affected by this Rule-Making: 10 

NCAC 26H .051 1 - Other rules may be proposed in the course 
of the rule-making process. 



Comment Procedures: The public is invited to make comments 
on the rules. Contact person: David Jarman, (919)733-2162, 
e.xt. 232. 



Authority for the rule-making: G.S. 108A-25(b): 108A-54; 
1915(g) 

Statement of the Subject Matter: This rule established 
Medicaid Reimbursement for Intensive Home Visitation. 

Reason for Proposed Action: //( the 1999 Session of the North 
Carolina General Assembly, the Legislature granted the 
appropriations for the Intensive Home Visitation Program for 
Children for fiscal year 1999-2000. 

Comment Procedures: Written comments concerning this rule- 
making action must be submitted to Portia W. Rochelle. Rule- 
making Coordinator. Division of Medical Assistance, 1985 
Umstead Drive, 2504 Mail Sen-ice Center, Raleigh, NC 27699- 
2504. 



CHAPTER 10 - WILDLIFE RESOURCES AND 
WATER SAFETY 

Ti TOtice of Rule-making Proceedings is hereby given by the 
1 y NC Wildlife Resources Commission in accordance with 
G.S. 150B-21.2. The agency shall subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result of 
this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 10F.03I1. .0355 - Other rules may be proposed in 
the course of the rule-making process. 

Authority for the rule-making: G.S. 75A-3: 75A-15 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 9 - DIVISION OF FOREST RESOURCES 

•K TOtice of Rule-making Proceedings is hereby given by the 
1 y Department of Environment and Natural Resources in 
accordance with G.S. 150B-21.2. The agency shall subsequently 
publish in the Register the text of the nde(s) it proposes to adopt 
as a result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 9C .0200. .0400 - Other rules may be proposed in 
the course of the rule-making process. 



Statement of the Subject Matter: NO WAKE ZONES 

Reason for Proposed Action: The Vance County Board of 
Commissioners and the Perquimans County Board of 
Commissioners initiated the NO-WAKE Zones pursuant to G.S. 
75A-15 to protect public safety in the area by restricting vessel 
speed. The Wildlife Resources Commission may adopt this rule 
as a temporaiy rule pursuant to G.S. 1 50B-2 1 . 1 (a 1 ) following 
this abbreviated notice. 

Comment Procedures: The record will be open for receipt of 
written comments and must be delivered or mailed to the North 
Carolina Wildlife Resources Commission, 512 N. Salisbuiy 
Street, Raleigh, NC 27604-1 188. 



1092 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



PROPOSED RULES 



This Section contains the text of proposed rules. At least 60 days prior to the publication of text, the agency published a Notice 
of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the publication 
date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment period is 60 days 
for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory reference: G.S. 150B- 

21 '^ 



TITLE 2 - DEPARTMENT OF AGRICULTURE 

Notice is hereby given in accordance with G.S. 150B-2I.2 
that the North Carolina Structural Pest Control Committee 
intends to adopt 2 NCAC 34 .0330. .0509; amend rule cited as 
2 NCAC 34 .0102. Notice of Rule-making Proceedings was 
published in the Register on November 1, 1999. 

Proposed Effective Date: July I, 2000 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): Any person may 
request a public hearing on the proposed rules by submitting a 
request in writing no later than January 1 9, 2000, to Carl Falco, 
Secretary, North Carolina Structural Pest Control Committee, 
PO Box 27647, Raleigh. NC 27611. 

Reason for Proposed Action: 2 NCAC 34 .0102, .0509 - 

Agency staff has recommended these rule changes to allow the 
sale and use of certain products that protect structures from 
termites by creating a physical barrier. 

2 NCAC .0330 - S.L. 1999-381 made numerous amendments to 
the Structural Pest Control Law, Article 4C of Chapter 106 of 
the General Statutes. Among these was the amendment of G.S. 
106-65.24 to delete the term "call office" and replace it with 
"branch office. " It also amended G.S. 106-65.25 to require the 
Committee to adopt rules topennit licensees to establish branch 
offices in addition to a home offiice. 

Comment Procedures: Written comments may be submitted no 
later than February 3. 2000, to Carl Falco. Secretaiy, North 
Carolina Structural Pest Control Committee, PO Box 27647, 
Raleigh, NC 27611. 

Fiscal Impact 
State Local Sub. None 
/ 

CHAPTER 34 - STRUCTURAL PEST CONTROL 
DIVISION 

SECTION .0100 - INTRODUCTION AND 
DEFINITIONS 

.0102 DEFINITIONS 

For the purpose of interpretation of the rules, regulations, 
definitions, and requirements of the North Carolina Structural 
Pest Control Committee and the Structural Pest Control Law, 
and unless otherwise required hy the context, the following 



definitions shall prevail, to wit: 

(1) "Act and/or law" means the Structural Pest Control 
Act of North Carolina of 1955. 

(2) "Active infestation of a specific organism" means 
evidence of present activity by that organism, visible 
in, on, or under a structure, or in or on debris under 
the structure. 

(3) "Active ingredient" means an ingredient which will or 
is intended to prevent, destroy, repel, or mitigate any 
pest. 

(4) "Acutely toxic rodenticidal baits" means all baits that, 
as formulated, are classified as Toxicity Category I or 
II (Signal Word "Danger" or "Warning") under 40 
CFRPart 156.10. 

(5) "Board of Agriculture" means the Board of 
Agriculture of the State of North Carolina. 

(6) "Commercial certified applicator" shall mean any 
certified applicator employed by a licensed individual. 

(7) "Commercial structure" means any structure which is 
not a residential structure; including but not limited to 
shopping centers, offices, nursing homes, and similar 
structures. 

(8) "Complete surface residual spray" means the over-all 
application of any pesticide by spray or otherwise, to 
any surface areas within, on, under, or adjacent to, 
any structure in such a manner that the pesticide will 
adhere lo surfaces and remain toxic to household 
pests and rodents or other pests for an extended 
period of time. 

(9) "Continuing education units" or "CEU" means units 
of noncredit education awarded by the Division of 
Continuing Studies, North Carolina State University 
or comparable educational institution, for 
satisfactorily completing course work. 

( 10) "Continuing certification unit" or "CCU" means a unit 
of credit awarded by the Division upon satisfactory 
completion of one clock hour of approved classroom 
training. 

(11) "Crack and crevice application" means an application 
of pesticide made directly into a crack or void area 
with equipment capable of delivering the pesticide to 
the target area. 

(12) "Deficient soil sample" shall mean any soil sample 
which, when analyzed, is found to contain less than 
25 percent, expressed in parts per million (ppm), of 
the termiticide applied by a licensee which would be 
found if the termiticide had been applied at the lowest 
concentration and dosage recommended by the 
labeling. 

(13) "Department" means the Department of Agriculture 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1093 



PROPOSED RULES 



and Consumer Services of the State of North (26) 

Carolina. 

(14) "Disciplinary action" means any action taken by the 
Committee as provided under the provisions of G.S. 
106-65.28. (27) 

( 1 5) "Division" means the Structural Pest Control Division 
of the Department of Agriculture and Consumer 
Services of the State of North Carolina. (28) 

(16) "Enclosed space" means any structure by whatever 
name known, including household structures, 
commercial buildings, warehouses, docks, vacant 
structures, and places where people congregate, such 

as hospitals, schools, churches, and others; railroad (29) 

cars, trucks, ships, aircraft, and common carriers. It 

shall also mean vaults, tanks, chambers, and special (30) 

rooms designed for use, being used, or intended to be 

used for fumigation operations. 

(17) "Enforcement agency" means the Structural Pest 
Control Division of the Department of Agriculture 
and Consumer Services of the State of North 
Carolina. (31) 

(18) "EPA" means the Environmental Protection Agency 
of the United States Government. 

(19) "EPA registration number" means the number 
assigned to a pesticide label by EPA. 

(20) "Flammable pesticidal fog" means the fog dispelled 

into space and produced: (32) 

(a) from oil solutions of pesticides finely atomized 
by a blast of heated air or exhaust gases from a 
gasoline engine, or from mixtures of water and 
pesticidal oil solutions passed through a 
combustion chamber, the water being (33) 
converted to steam, which exerts a shearing 

action, breaking up the pesticidal oil into small 
droplets (thermal fog); or 

(b) from oil solutions of pesticides which are (34) 
forced through very narrow space by 
centrifugal force and atomized as they are 

thrown off into the air (mechanical or cold 
fogs). 

(21) "Fog or fogging" means micron sized particles of 
pesticide(s) dispersed by means of a thermal or 
centrifugal fogger or a pressurized aerosol pesticide. 

(22) "Fumigation" means the use of fumigants within an (35) 
enclosed space, or in, or under a structure, in 
concentrations which may be hazardous to man. 

(23) "Fumigation crew" or "crew" means personnel 
performing the fumigation operation. (36) 

(24) "Fumigation operation" means all details prior to 
application of fumigant(s), the application of 
fumigant(s), fumigation period, and post fumigation 
details as outlined in these Rules. 

(25) "Fumigation period" means the period of time from 
application of fumigant(s) until ventilation of the 
fumigated structure(s) is completed and the structure 
or structures are declared safe for occupancy for 
human beings or domestic animals. 



"Fumigator" means a person licensed under the 
provisions of G.S. 106-65. 25(a)(3) or certified under 
the provisions of G.S. 1 06-65. 25(e)( 1 ) to engage in or 
supervise fumigation operations. 
"Gas-retaining cover" means a cover which will 
confine fumigant(s) to the space(s) intended to be 
fumigated. 

"General fumigation" means the application of 
fumigant(s) to one or more rooms and their contents 
in a structure, at the desired concentration and for the 
necessary length of time to control rodents, insects, or 
other pests. 

"Household" means any structure and its contents 
which are used for man. 

"Household pest" means any undesirable vertebrate or 
invertebrate organism, other than wood-destroying 
organisms, occurring in a structure or the surrounding 
areas thereof, including but not limited to insects and 
other arthropods, commensal rodents, and birds which 
have been declared pests under G.S. 143-444. 
"Household pest control" means that phase of 
structural pest control other than the control of 
wood-destroying organisms and fumigation and shall 
include the application of remedial measures for the 
purpose of curbing, reducing, preventing, controlling, 
eradicating, and repelling household pests. 
"Inactive license" shall mean any structural pest 
control license held by an individual who has no 
employees and is not engaged in any structural pest 
control work except as a certified applicator or 
registered technician. 

"Infestation of a specific organism" means evidence 
of past or present activity by that organism, visible in, 
on, or under a structure, or in or on debris under the 
structure. 

"Inspection for a specific wood-destroying organism" 
means the careful visual examination of all accessible 
areas of a building and the sounding of accessible 
structural members adjacent to slab areas, chimneys, 
and other areas particularly susceptible to attack by 
wood-destroying organisms to determine the presence 
of and the damage by that specific wood-destroying 
organism. 

"Inspector" means any employee of the Structural 
Pest Control Division of the Department of 
Agriculture and Consumer Services of the State of 
North Carolina. 

"Licensed structural pest control operation," or "pest 
control operation," or "operator," or "licensed 
operator" means any person licensed under the 
provisions of G.S. 106-65. 25(a) or unlicensed who, 
for direct or indirect hire or compensation is engaged 
in the business of controlling, destroying, curbing, 
mitigating, preventing, repelling, offering advice on 
control methods and procedures, inspecting and 
identifying infestations and populations of insects, 
rodents, fungi, and other pests within, under and on 



1094 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



PROPOSED RULES 



structures of any kind, or the nearby surrounding 
ground areas or where people may assemble or 
congregate including work defined under G.S. 
106-65.24(23). 

(37) "Liquefied gas aerosol" means the spray produced by 
the extreme rapid volatilization of a compressed and 
liquefied gas, to which has been added a nonvolatile 
oil solution containing a pesticide. 

(38) "Noncommercial certified applicator" shall mean any 
certified applicator not employed by a licensed 
individual. 

(39) "Open porch" means any porch without fill in which 
the distance from the bottom of the slab to the top of 
the soil beneath the slab is greater than 1 2 inches. 

(40) "Physical barrier" as used in 2 NCAC 34 .0500. 
means a barrier, which, by its physical properties and 
proper installation, is capable of preventing the 
passage of subterranean termites into a structure to be 
protected from subterranean termites. 

■(46) (41) "Residential structure" means any structure used, 
or suitable for use, as a dwelling such as a single- or 
multi-family home, house trailer, motor home, mobile 
home, a condominium or townhouse, or an apartment 
or any other structure, or portion thereof, used as a 
dwelling. 

(44) (42) "Secretary" means the Secretary to the North 
Carolina Structural Pest Control Committee. 

(42) (43) "Service vehicle" means any vehicle used 
regularly to transport the licensee or certified 
applicator or registered technician or other employee 
or any equipment or pesticides used in providing 
structural pest control services. 

(49) (44) "Slab-on-ground" means a concrete slab in which 
all or part of that concrete slab is resting on or is in 
direct contact with the ground immediately beneath 
the slab. 

(44) (45) "Solid masonry cap" means a continuous concrete 
or masonry barrier covering the entire top. width and 
length, of any wall, or any part of a wall, that provides 
support for the exterior or structural parts of a 
building. 

(45) (46) "Space spray" means any pesticide, regardless of 
its particle size, which is applied to the atmosphere 
within an enclosed space in such a manner that 
dispersal of the pesticide particles is uncontrolled. 
Pesticidal fogs or aerosols, including those produced 
by centrifugal or thermal fogging equipment or 
pressurized aerosol pesticides, shall be considered 
space sprays. 

(46) (47) "Spot fumigation" means the application of a 
fumigant to a localized space or harborage within, on, 
under, outside of, or adjacent to, a structure for local 
household pest or rodent control. 

(47) (48) "Spot surface residual spray" means the 
application of pesticidal spray directly to a surface 
and only in specific areas where necessary and in such 



a manner that the pesticidal material will largely 
adhere to the surface where applied and will remain 
toxic to household pests or rodents or other pests for 
which applied for an extended period of time. 

■(48) (49) "Structure" means all parts of a building, whether 
vacant or occupied, in all stages of construction. 

■(49) (50) "Structural pests" means all pests that occur in 
any type of structure of man and all pests associated 
with the immediate environs of such structures. 

(50) (51 ) "Sub-slab fumigation" means the application of 
a fumigant below or underneath a concrete slab and is 
considered spot fumigation. 

(5+) (52) "Supervision," as used in 2 NCAC 34 .0325, 
shall mean the oversight by the licensee of the 
structural pest control activities performed under that 
license. Such oversight may be in person by the 
licensee or through instructions, verbal, written or 
otherwise, to persons performing such activities. 
Instructions may be disseminated to such persons 
either in person or through persons employed by the 
licensee for that purpose. 

(52) (53) "Telephone answering service location" means 
any location used for the sole purpose of receiving 
telephone messages including locations which utilize 
call forwarding or other electronic answering or 
messaging technology. 

■(59) (54) "Termiticide(s)" (as used in these Rules) means 
those pesticides specified in 2 NCAC 34 .0502, 
Pesticides for Subterranean Termite Prevention and/or 
Control. 

■(54) (55) "Termiticide barrier" shall mean an area of soil 
treated with an approved termiticide, which, when 
analyzed, is not deficient in termiticide. 

t55j (56) "To use any pesticide in a manner inconsistent 
with its labeling" means to use any pesticide in a 
manner not permitted by the labeling. Provided that, 
the term shall not include: 

(a) applying a pesticide at any dosage, 
concentration, or frequency less than that 
specified on the labeling unless the labeling 
specifically prohibits deviation from the 
specified dosage, concentration, or frequency; 

(b) applying a pesticide against any target pest not 
specified on the labeling if the application is to 
the site specified on the labeling, unless the 
EPA has required that the labeling specifically 
state that the pesticide may be used only for the 
pests specified on the labeling; 

(c) employing any method of application not 
prohibited by the labeling unless the labeling 
specifically states that the product may be 
applied only by the methods specified by the 
labeling. 

(56) (57) "Type of treatment" means the method used to 
apply a pesticide formulation to a specific location, 
including but not limited to: space spray, crack and 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1095 



PROPOSED RULES 



crevice, complete surface residual, spot surface 
residual, halt placement, or fog. 

i5^ (58) "Unauthorized personnel" means any individual 
or individuals not given specific authorization by the 
licensee or certified applicator to enter areas to which 
access is restricted by these Rules. 

(5S) (59) "Under direct supervision of means the act or 
process whereby application of a pesticide is made by 
a competent person acting under the instructions and 
control of a licensee or certified applicator who is 
responsible for the action of that person and who is 
available if and when needed, even though such 
licensee or certified applicator is not physically 
present at the time and place the pesticide is applied. 

t59) (60) "Waiver" means a standard form prescribed by 
the Committee which will, when completed correctly. 
permit the licensee to deviate from or omit one or 
more of the minimum treatment methods and 
procedures for structural pests which are set forth in 
the Committee rules, definitions, and requirements. 

iW) (61) "Wood-destroying insect report" means any 
written statement or certificate issued, by an operator 
or his authorized agent, regarding the presence or 
absence of wood-destroying insects or their damage 
in a structure. 

(frH (62) "Wood-destroying organism" is an organism 
such as a termite, beetle, other insect, or fungus which 
may invade, inhabit, devour, or destroy wood or wood 
products and other cellulose material found in, on, 
under, in contact with, and around structures. 

i&i) (63) "Wood-destroying organism report" means any 
written statement or certificate issued, by an operator 
or his authorized agent, regarding the presence or 
absence of wood-destroying organisms or their 
damage in a structure. 

Authority G.S. 106-65.29. 

SECTION .0300 - LICENSING AND CERTIFICATION 

.0330 BRANCH OFFICE 

(a) A licensee shall not establish more than two branch 
offices in addition to his/her home office. 

(b) The licensee shall register each branch office with the 
Division prior to its establishment and at the time of renewal of 
the license on a form prescribed by the Division. 

(c) The licensee shall designate a certified applicator or 
applicators to supervise all structural pest control performed 
from the branch office. 

(d) The designated certified applicator(s) shall be a regular, 
full-time employee of the licensee, permanently assigned to and 
physically present at the branch office and shall have access to 
the licensee, via some method of communication, at all times. 

(e) At a minimum, the licensee shall provide the following 
information concerning the branch office at the time of 
registration and within 10 days of any change in the information: 

( 1 ) The physical location or address of the branch office: 



(2) The mailing address of the branch office: 

(3) The telephone number of the branch office; 

(4) The location, branch office or home office, at which 
records of work and pesticides used shall be stored: 

(5) The name of the designated certified applicator or 
certified applicators responsible for the supervision of 
the branch office; and. 

(6) The names of all employees performing work from 
the branch office. 

(f) The branch office shall perform work only in the phase or 
phases in which the designated certified applicator, or certified 
applicators, holds a valid certification. 

(g) At no time shall the branch office operate for more than 
10 working days without a designated certified applicator. 

(h) The licensee shall not establish any branch office more 
than 75 miles from the location of his/her home unless prior 
approval has been obtained from the Committee to locate a 
branch office more than 75 miles from the licensee's primary 
residence. 



(ij Requests to operate a branch office more than 75 miles 
from the licensee'sprimary residence shall be made in writing to 
the Committee and shall include a plan of supervision in 
addition to the information in Paragraph (e) of this Rule. At a 
minimum, the plan of supervision shall include: 

(1 ) Complete training program, including a schedule of 
training; 

(2) An outline of the company organization showing the 
lines of supervision and responsibility, the credentials 
of superyisor(s) (education, experience, certification 
status), percentage of time devoted to supervision, 
methods and personnel conducting quality control; 

(3) A description of communication capabilities and 
procedures between the home office and branch office 
and between the consumer and the branch and home 
offices; 

(4) A plan to be followed in the event of emergencies 
such as fire, pesticide spills or other emergency. 

(jj If at any time, the Committee determines that any branch 
office is not being adequately supervised, the branch office shall 
be closed and shall not resume operation nor shall the licensee 
be permitted to open any new branch office until a satisfactory 
plan of supervision has been approved by the Committee or until 
the office is made a home office. 

Authority: 106-65.29. 

SECTION .0500 - WOOD-DESTROYING ORGANISMS 

.0509 PHYSICAL BARRIERS FOR TERMITE 
CONTROL 

(a) Physical barriers approved by the Structural Pest Control 
Committee may be used for the prevention and/or control of 
subterranean termites. 

(b) Physical barriers shall be installed in accordance with the 
manufacturers" recommendations by personnel certified by the 
manufacturer, if required or recommended by the manufacturer. 
or specifically trained in the installation of the approved physical 



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14:13 



t^m 



PROPOSED RULES 



barrier. 

(c) Where all possible subterranean termite entry points can 
be sealed with the approved physical barrier the subterranean 
termite treatment shall not be subject to 2 NCAC 34 .0503. for 
an existing structure, or 2 NCAC 34 .0505 or .0506 for new 
construction. 

(d) Where it is not possible to seal all possible entry points 
with the physical barrier, all unsealed entry points shall be 
treated with termiticide in accordance with 2 NCAC 34 .0503, 
.0505 or .0506 as applicable; except that, such termiticide 
applications may be waived by the property owner on the 
OlTicial NC Waiver of Minimum Requirements. 



Authority: 106-65.29. 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Board of Agriculture intends to 
adopt 2 NCAC52B .0406-.0412: amend rules cited as 2 NCAC 
52B .0206. .0401, .0405; and repeal rules cited as 52B 0402- 
.0404. Notice of Rule-making Proceedings was published in the 
Register on October 15. 1999. 

Proposed Effective Date: July 1. 2000 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): Any person may 
request a public hearing on the proposed rules by submitting a 
request in writing no later than January 19, 2000, to David S. 
McLeod, Secretaiy, North Carolina Board of Agriculture, PO 
Box 27647. Raleigh, NC 27611. 

Reason for Proposed Action: Section 13.6 of Session Law 
1997-237 requires the Board of Agriculture to adopt rules to 
provide for mandatoiy testing of equine for equine infectious 
anemia (EI A). 

Comment Procedures: Written comments may be submitted no 
later than Februaiy 3, 2000, to David S. McLeod. Secretary, 
North Carolina Board of Agriculture, PO Bo.x 27647, Raleigh, 
NC 27611. 

Fiscal Impact 
State Local Sub. None 

/ 

CHAPTER 52 - VETERINARY DIVISION 

SUBCHAPTER 52B - ANIMAL DISEASE 

SECTION .0200 - ADMISSION OF LIVESTOCK TO 
NORTH CAROLINA 

.0206 IMPORTATION REQUIREMENTS: EQUINE 

(a) Horses, ponies, mules, asses, zebras, and all other equine 



species may be imported into the state when accompanied by an 
official health certificate giving an accurate description of them 
and certifying that as determined by a physical examination they 
are free from any evidence of an infectious or transmissible 
disease and have not been exposed recently to any infectious or 
transmissible disease, and attesting that any animal over rtme sjx 
months of age has passed a negative official test for equine 
infectious anemia within 1 2 months prior to entry, provided that 
stallions imported into North Carolina from any country where 
contagious equine metritis (CEM) is recognized by the U.S. 
Department of Agriculture to exist must also comply with 
requirements of Paragraph (e) of this Rule. The EIA test form 
shall list one horse only. Equine without a current EIA test may 
be imported into the state for direct shipment to a livestock 
market or equine sale that is approved to provide EIA testing, 
pursuant to 2 NCAC 528 .0410. 

(b) No health certificate will be required for horses, ponies, 
mules and asses which are consigned to a race track or entering 
the state temporarily for the purpose of exhibition, provided such 
animals are accompanied by certificates verifying a negative test 
for equine infectious anemia within 12 months prior to entry. 

(c) Horses, ponies, mules, asses, a n d all othe r e qu i ne species 
may be impoiled i n to the state wit h out having pass e d a nega t ive 
official test fo r equine i nfectious anemia provided that each 



animal bears a peinianent type oil base red paint mark on its lorn 
area with the mark being a minimum of three inches by th r ee 
inches and that such animals mov e d ir ectly to a point a p prove d 
by the State Veterinarian for the pu r pose of sale for slaughter 
only. 

td) Untested horses which have bee n paint m arked a s 
prescribed in this Section may be moved directly to a ny sal es 
ba r n which holds regularly scheduled, adve r tised sales for 
slaughter horses. 

(e) (c) Any stallion imported into North Carolina from any 
country where CEM is recognized by the U.S. Department of 
Agriculture to exist shall be accompanied by a written permit 
from the State Veterinarian, and shall be placed under quarantine 
by a representative of the State Veterinarian upon arrival. Prior 
to being used for breeding, he shall be treated by or under the 
direct supervision of an accredited veterinarian licensed to 
practice in North Carolina, according to the procedure 
prescribed in the Federal RegisterA^ol. 45, No. 3/Friday, January 
4, 1980/Rules and Regulations/Pages 1003 through 1006 (9 
C.F.R., Part 92). 

(f) (d) For the purpose of Paragraph (e) of this Rule the 
following shall apply: 

(1) Stallion. A male horse other than gelding; 

(2) Breeding. Natural or artificial insemination of a 
mare; 

CF test. A complement-fixation test on equine serum 
for the detection of specific antibodies of the CEM 
bacterium. 



(3) 



Authority G.S. 106-307.5; 106-405.17. 



SECTION .0400 - EQUINE INFECTIOUS ANEMIA 



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1097 



PROPOSED RULES 



(EIA) 

.0401 DEFINITIONS 

The following definitions are in effect throughout Section 
■0400 of this Subcha p te r: Section: 

(1) Ho r se . Equine. Any member of the equine family, 
including horses, ponies, mules, asses and other 
equines; 

Reactor. A horse An equine over rrme six months of 
age that reacts positively to an approved test for 
equine infectious anemia; 

Approved Test. Any test for equine infectious anemia 
approved by the State Veterinarian; At present, an 
approved test is one recognized by Veterinary 
Services, APHIS, USDA; 

Date of Test. Date blood sample is collected from the 
horse: equine; 
Licensed Accredited Veterinarian. A veterinarian 



(2) 



(3) 



(4) 



(5) 



(6) 



licensed to practice in North Carolina by the North 
Carolina Veterinary Medical Board; Board and 
accredited by the USDA; 

Exposed Horse. A horse Equine. An equine which 
the State Veterinarian or his authorized representative 
has reasonable grounds to believe has been exposed 
to equine infectious anemia; A horse An equine shall 
be considered exposed when in the professional 
judgment of a state or federally employed, or 
accredited, veterinarian designated by the State 
Ve ter i n a ri a n Veterinarian, the horse equine has been 
exposed; exposed. A pr e m ise will premises may be 
approved by the State Veterinarian for the permanent 
quarantine of a horse an equine which is positive to an 
official test for equine infectious anemia when it can 
be determined that other horses equines will not be 
exposed to the disease; 

Division. Veterinary Division of the North Carolina 
Department of Agriculture; Agriculture and 
Consumer Services; 

Dealer. Any person who buys horses equine for his 
own account for the purpose of resale, or for the 
account of others: others; 

Public Place. Any premises owned or operated by 
any governmental entity, any privately owned or 
operated premises open to the public, or any privately 
owned or operated premises where three or more 
equine originating from three or more premises are 
gathered. 



Authority G.S. 106-405.17. 

.0402 DISPOSITION OF REACTORS (REPEALED) 

.0403 EXPOSED HORSES (REPEALED) 

.0404 REPORT OF TEST RESULTS (REPEALED) 

Authority G.S. ] 06-405. 17; S.L. 1999-237, s. J 3.6. 



(7) 



(8) 



(9) 



.0405 FEES FOR BLOOD TEST 

fa) A person submitting a blood sample to the Division to be 
tested for EtA equine infectious anemia (EIA) shall pay a fee of 
three four dollars ($3.00) ($4.00) per sample. 

(tr) Th e Divi si on s h a l l not test a blood sample fo r EIA unless 
the paymen t is submitted along with the sample. 

Authority G.S. 106-405.17. 

.0406 EIA TEST REQUIRED 

(a) All equine more than six months of age entering North 
Carolina for any purpose other than for immediate slaughter 
shall be accompanied by a copy of the certificate of test from a 
laboratory approved by the USDA showing the animal to be 
negative to an approved test for equine infectious anemia (EIA) 
within the past 12 months, except as provided in 2 NCAC 52B 
.0410. (See 2 NCAC 52B .0206 for other importation 
requirements.) 

(b) No equine more than six months of age shall be sold, 
offered for sale, traded, given away, or moved for the purpose of 
change of ownership unless accompanied by the original official 
negative test for EIA administered within 1 2 months prior to sale 
or movement, except that equine which are offered for sale at 
auction markets or sales may have a blood sample drawn at the 
market by the market's veterinarian at the seller's expense. In 
such cases, the equine may be sold and transferred contingent 
upon receipt of an official negative EIA test. 

(c) All equine brought to or kept at any public stables or other 
public place for exhibition, recreation or assembly shall be 
accompanied by either the original or a copy of an official 
negative test for EIA administered within the previous 12 
months. The owner, operator or person in charge of any public 
stables or other public place where equine are brought or kept 
for exhibition, recreation or assembly shall not permit an equine 
to remain on the premises without the test required by this Rule. 

Authority' G.S. 106-405.17. 

.0407 TESTING FOR EIA 

(a) Equine tested for equine infectious anemia (EIA) must be 
completely and accurately identified by a licensed, accredited 
veterinarian, using the official test form provided by the office 
of the State Veterinarian. 



(b) Only one form shall be utilized by the testing veterinarian 
for each equine to be tested. Any distinctive markings and their 
location on the animal such as brands, tattoos, stars, snips, 
stockings, or other markings shall be noted on the official chart. 

(c) Equine receiving on-farm or private treaty test shall not be 
sold or ownership otherwise transferred until the results of the 
equine infectious anemia test performed on the animal are 
returned. Positive test results shall automatically result in the 
quarantine of the animal without further notice at the premises 
of the owner or where the test was conducted. 

(d) All test results shall he reported to the office of the State 
Veterinarian. Tests conducted at an approved laboratory within 
the state shall be reported on official forms supplied by the 
Division. Licensed, accredited veterinarians submitting samples 



1098 



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January 4, 2000 



14:13 



PROPOSED RULES 



for testing in U.S. Department of Agriculture approved 
laboratories outside of North Carolina shall supply a copy of the 
test record to the office of the State Veterinarian within five days 
upon receipt of the test results from the testing laboratory. 

(e) The owner or manager of a market or sale shall announce, 
prior to the sale or auction, that all equines not accompanied by 
either the original or a copy of an official negative test for ElA 
will be tested. Each buyer of such equine at the sale or auction 
shall sign an agreement to maintain such equine at a specified 
location until notified of the results of the test. Equine that 
prove negative to the test may move in normal trade channels. 
Owners of equine that react to the test must comply with 2 
NCAC 52B .0408. 



Authority G.S. 106-405.17. 

.0408 POSITIVE REACTORS 

(a) Equine testing positive to an approved test for equine 
infectious anemia (EIA) may have a confirmatory retest by a 
representative of the State Veterinarian within 15 days of the 
initial test. If there is no retest within 15 days from notification, 
the right to retest is forfeited and the equine shall be euthanized 
or branded immediately. 

(b) If not euthanized, reactors must be branded on the left 
side of the neck with the characters '55A ' and the official reactor 
number assigned by the Division. Tlie owner of the reactor must 
submit the equine for branding by a representative ot" the State 
Veterinarian within 15 days of the confirmatory test. 

(c) A reactor shall be isolated, euthanized or sold for 
slaughter within seven days of branding. Reactors shall be 
subject to the following disposition, at the option of the owner: 

(I) With approval of the State Veterinarian or his 
designated representative, the equine may be sold for 
slaughter to bona fide slaughter buyers. EIA reactors 
must be permitted on VS Form 1-27 by a 
representative of the State Veterinarian for movement 
from farm to an approved slaughter establishment or 
research facility when, in the State Veterinarian's 
judgment, it can be done without risk of exposure of 
other equine; 

Quarantine of the infected, branded, equine until 
death in an isolation facility on the owner'spremises 
or elsewhere, approved by an authorized 



ill 



representative of the State Veterinarian. A written 

quarantine will be issued for each equine. Minimum 

standards for an approved isolation facility shall be a 

plot or pasture located a minimum of 880 yards from 

any other equine enclosure, or other equine, except 

another known EIA reactor. Owners of infected. 

branded equine shall not sell, barter, trade or give Authority G.S. 106-405.17. 

away these equine except as provided in this Rule. 



infectious anemia (EIA) test and an EIA retest by state 
personnel, all equine on the same premises (farm, pasture, or 
stable), and all other equine located on adjacent farms, pastures. 
or stables within 880 yards shall be required to be officially 
tested by state regulatory personnel or a licensed, accredited 
veterinarian. All exposed equine, as defined m 2 NCAC 52B 
.0401(6). shall be quarantined until officially tested and found 
negative to the EIA test 60 days after removal of the reactor. 

Authority G.S. 106-405.17. 

.0410 MARKET AND SALE RESPONSIBILITY 

(a) Livestock markets and all others conducting sales of 
equine shall: 

( 1) Send a written request for approval of all sales to the 
State Veterinarian at least two weeks prior to sale; and 

(2) Obtain written approval from the State Veterinarian 
prior to conducting the sale. 

(b) Livestock markets or equine sales offering to provide 
equine infectious anemia (EIA) testing must employ a licensed, 
accredited veterinarian, approved by the State Veterinarian. 

(c) Livestock markets or sales that have approved, permanent 
facilities and staff, including an approved licensed, accredited 
veterinarian, may handle equine that do not have a negative test, 
provided each such equine is tested as provided in these Rules. 

(d) Livestock markets and all others conducting sales of 
equine shall have check- in procedures, including at least the 
following: 

(1 ) See that the correct name and mailing address of the 
owner is on the "check-in" form, along with the 
license number of the vehicle that transported the 
animal; 

(2) Apply a backtag or paint number at "check-in" and 
note it on the "check-in" form; 

(3) See that all EIA test records are collected and 
presented to the market veterinarian or representative 
of the State Veterinarian for verification prior to the 
sale. 

(e) Equine shall be presented to the market or sale 
veterinarian if testing js required, and assistance shall be 
provided for drawing blood samples for the EIA test. 

(f) The market or sale management shall maintain records of 
sales for a minimum of two years, so that animals that react 
positively to the EIA test may be traced. 

(g) Those managing the sale shall not permit the sale of 
equine on the premises except through the market or sale. 

th) Non-compliance with these Rules is grounds for 
revocation of approval to conduct sales. 



Authority G.S 106-405.17. 

.0409 ADJACENT OR EXPOSED EQUINE 

When an equine is found positive by an approved equine 



.041 1 MARKET OR SALE VETERINARIANS 

(a) Market or sale veterinarians shall: 
(1) Collect blood samples of five cubic centimeters in an 
approved tube with proper identification of each 
equine presented for test; 



14:13 



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January 4, 2000 



1099 



PROPOSED RULES 



01 



01 



Properly identify each equine tested on a Department 
of Agriculture and Consumer Seryices form as to 
name, age, sex, breed, color and markings, brands, 
tattoos, scars, etc.; and 



Mail blood and form to an approved laboratory by the 
end of the next business day following the sale, 
(b) Each market veterinarian involyed in the equine infectious 
anemia (EIA) program shall have a signed approval from the 
State Veterinarian. 

Authority G.S. 106-405.17. 

.0412 SLAUGHTER SALES 

Market or sale operators who wish to conduct a sale of equine 
only for slaughter without EIA testing must obtain prior 
approval from the State Veterinarian and sign an agreement to 
comply with the terms of this Rule and any specific terms that 
the State Veterinarian may direct. 



of the General Assembly established time frames for county 
departments of social serxices to initiate Adult Protective 
evaluations. The current rules governing this program need 
either to be repealed or amended to reflect this new legislative 
provision, and a new rule needs to be adopted to implement the 
new legislation. 

10 NCAC 47B .0103, .0204, .0407 - Legislation enacted by the 
1999 Session of the General Assembly (session law 1999-237) 
requires county departments of social senices to implement a 
resident evaluation program for applicants and recipients of the 
State/County Special Assistance for Adults program. 

Comment Procedures: Anyone who wishes to comment may do 
so by contacting Ms. Sharnese Ransome, APA Coordinator, 
Division of Social Seirices. 2401 Mail Senice Center. Raleigh, 
NC 27699-2401; (919)733-3055. Verbal comments will be 
heard during the public hearing. Written comments must be 
received b\ Mrs. Ransome not later than Februan' 3. 2000. 



Authority- G.S. 106-405.17. 



TITLE 10 - DEPARTMENT OF 
HEALTH AND HUMAN SERVICES 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Social Senice Commission intends to adopt rules 
cited as 10 NCAC 42A .0801 - .0810. 42E .1501. .1502. 42V 
.0108, 42Z .1001. 47B .0204. .0407: amend rules cited as 10 
NCAC 42E .0801, 47B .0103. Notice of Rule-making 
Proceedings was published in the Register on September 15, 
1999. 

Proposed Effective Date: July 17. 2000 

A Public Hearing will be conducted at 10:00 am on Januaiy 
19. 2000 in Room 832 at the Albemarle Building. 325 N. 
Salisbuiy Street. Raleigh. NC. 

Reason for Proposed Action: 10 NCAC 42A .0801 - .0810 ■ 

Legislation enacted by the 1999 Session of the General 
Assembly (session law 1999-237) requires county departments 
of social senices to implement a resident evaluation program 
for applicants and recipients of the State/County Special 
Assistance for Adults program. 

10 NCAC 42E .0801, .1501 - .1502, 42Z .1001 - The 1999 
Session of the General Assembly amended G.S. 131D-6 by 
adding a new subsection that require adult day care programs 
that provide, advertise, market, or othenvise promotes itself as 
providing special care senices for person with AlzJieimer's 
Disease or other dementias, a mental health disability, or other 
special needs disease or conditions to disclose in writing their 
policies and procedures the aspects and qualities of the care 
that composes "special care" to the Department and persons 
seeking senices. 
10 NCAC 42V. 0108 - Legislation enacted by the 1999 Session 



Fiscal Impact 
State Local Sub. None 
/ / 

/ 



10 NCAC 42A .0801 
ALL OTHERS 



.0810 



CHAPTER 42 - INDIVIDUAL AND FAMILY SUPPORT 

SUBCHAPTER 42A - ADULT PLACEMENT 
SERVICES 

SECTION .0800 - ADULT CARE HOME RESIDENT 
EVALUATION SERVICES 

.0801 DEFINITIONS 

As used in this Subchapter, the following terms have the 
meaning specified: 

UJ "Adult Care Home" h defined in OS, 131 D-2. 

(2) "Facility" means an adult care home licensed under 
G.S. 13 1 D-2. or a combination home licensed under 
G.S. 1 3 1 E. Article 6, Part A^ or an entity licensed 
under G.S. 122C. Arficle 2. 

(3) "Special Assistance" means the financial assistance 
program which helps eligible individuals pay for the 
cost of care in adult care homes licensed under G.S. 
I3ID-2. combination homes licensed under G.S. 
13 IE. Article 6^ Part A, and entities licensed under 
G.S. 122C. Article 2. The Special Assistance 
payment rate is set by the General Assembly. The 
categories of Special Assistance are: 

(a) Special Assistance for the Aged (SAA) is for 
eligible individuals 65 years of age and older; 

(b) Special Assistance for the Disabled (SAD) is 
for eligible individuals 18 to 64 years of age 
who are disabled according to Social Security 
or state disability standards; and 

(c) Special Assistance for the Blind (SAB) is for 
eligible individuals who are legally blind. 



1100 



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January 4, 2000 



14:13 



PROPOSED RULES 



Authority G.S. 143B-153: S.L. 1999-237. 

.0802 AVAILABILITY OF THE SERVICE 

County departments of social services shall assure the 
availability of Medicaid funded Adult Care Home Resident 
Evaluation Services to Special Assistance applicants and 
recipients. 



Authority G.S. 143B-153: S.L. 1999-237. 

.0803 DEFINITION OF THE SERVICE 

Adult Care Home Resident Evaluation Services [s a group of 
interrelated activities conducted by a qualified resident evaluator 
which includes: 

(1) Conducting an initial evaluation, using the Resident 
Assessment Instrument for Adult Care Homes, of 
individuals applying for and receiving Special 
Assistance to determine the level of care needed; 

(2) Using the initial evaluation to identify those Special 
Assistance applicants and recipients who require 
further evaluation regarding the need for treatment of 
mental illness or habilitation services or referral to 
other community based services or both; 

(3) Referring Special Assistance applicants and recipients 
to community based services and coordinating 
referrals to community based services for Special 
Assistance recipients with the adult care home staff; 

(4) Referring Special Assistance applicants and recipients 
identified through the initial evaluation or a 
subsequent re-evaluation to the area mental health, 
developmental disabilities, substance abuse services 
authority or another qualified mental health 
professional for a comprehensive evaluation of. and 
if indicated, the provision of treatment for mental 
illness or habilitation services; 

(5) Conducting annual re-evaluations of Special 
Assistance recipients to determine the ongoing level of 
care needed; 

(6) Working with the adult care home to identify Special 
Assistance recipients who pose a serious threat to 
other residents and immediately arranging for an 
initial evaluation of the individual's condition and 
need for treatment of mental illness or habilitation 
services; 

(7) Working with Special Assistance applicants and 
recipients, applicants" and recipients' families or 
responsible parties or any combination of these 
individuals, and adult care home staff to recognize 
and accept the need for referral to and treatment or 
habilitation. if indicated, by the area mental health, 
developmental disabilities, substance abuse services 
authority or another qualified mental health 
professional; 

(8) Notifying the adult care home of the mental health or 
developmental disabilities findings from the initial 
evaluation and their responsibility to work with the 



area mental health, developmental disabilities, 
substance abuse services authority or another 
qualified mental professional to meet the mental 
health treatment or habilitation needs of Special 
Assistance applicants and recipients; 
(9) Securing or reviewing other information or both to 
assist in the determination of level of care and the 
need for referral to the area mental health, 
developmental disabilities, substance abuse services 
authority or another qualified mental health 
professional; 

(10) Determining that evaluations are conducted, and if 
indicated, treatment or habilitation plans are 
developed by the area mental health, developmental 
disabilities, substance abuse services authority or 
another qualified mental health professional for 
Special Assistance applicants and recipients referred 
for evaluation of the need for treatment or habilitation 
services; 

(11) Determining that the adult care home's plan of care 
for the Special Assistance applicant or recipient is 
consistent with the results of the mental health or 
developmental disabilities evaluation and treatment or 
habilitation plan; and 

(12) Providing technical assistance to adult care homes on 
conducting functional assessments and developing 
care plans to meet Special Assistance applicant and 
recipient needs. 

Authority G.S. 143B-153; SL 1999-237. 

.0804 TARGET POPULATION 

All Special Assistance applicants and recipients shall have an 
evaluation to determine the level of care needed, which shall be 
conducted by a qualified resident evaluator as set forth in 10 
NCAC 42A .0809. using the Resident Assessment Instrument 
for Adult Care Homes. 

Authoriity G.S. 143B-153: SL. 1999-237. 

.0805 RESIDENT EVALUATION INSTRUMENT 

The Resident Assessment Instrument for Adult Care Homes 
shall be used to evaluate all Special Assistance applicants and 
recipients, and for subsequent re-evaluations. 

Authority G.S 143B-153:S.L. 1999-237. 

.0806 EVALUATION AND REFERRAL 

(a) Resident evaluators shall complete the Resident 
Assessment Instrument for Adult Care Homes prior to admission 
for all Special Assistance applicants, except when emergency 
placement in a facility is necessary for a disabled adult in need 
of protective services as specified in G.S. I08A-I01(e). 

(b) In order to complete the Resident Assessment Instrument 
for Adult Care Homes, the resident evaluator shall observe the 
Special Assistance applicant or recipient to determine the level 



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1101 



PROPOSED RULES 



of care needed and obtain information from one or more of the 
following: 

(!) the applicant or recipient; 

(2) the applicant's or recipient's family or legally 
responsible party; 

(3) facility staff; or 

(4) others knowledgeable about the applicant's or 
recipient'scondition or diagnosis. 

(c) Using the Resident Assessment Instrument for Adult Care 
Homes, along with any other pertinent information about a 
Special Assistance applicant or recipient's condition or 
diagnosis, the resident eyaluator shall make a determination to 
refer the individual for evaluation of. and if indicated, the 
provision of treatment for mental illness or habilitation services 
by the area mental health, developmental disabilities, substance 
abuse services authority or another qualified mental health 
professional. 

(d) Referral to the area mental health, developmental 
disabilities, substance abuse services authority or another 
qualified mental health professional shall be made within 24 
hours of completing the Resident Assessment Instrument for 
Adult Care Homes when there is substantial danger of harm to 
the Special Assistance applicant or recipient or to other residents 
in the adult care home and within 72 hours of completing the 
Resident Assessment Instrument for Adult Care Homes for all 
other Special Assistance applicants or recipients. 

(e) The resident evaluator shall refer the Special Assistance 
applicant or recipient to the area authority responsible for 
providing mental health, developmental disabilities, and 
substance abuse services in the county where the adult care 
home is located or to another qualified mental health 
professional. 

(f) The adult care home shall be notified about the referral to 
the area mental health, developmental disabilities, substance 
abuse services authority or another qualified mental health 
professional. Mental health findings from the initial evaluation 
or any subsequent re-evaluation shall be made available to the 
adult care home so that these findings can be incorporated into 
the resident's plan of care. 

(g) The resident evaluator shall re-evaluate Special 
Assistance recipients at least every 1 2 months using the Resident 
Assessment Instrument for Adult Care Homes. 

Authority G.S. 143B-153: S.L. 1999-237. 

.0807 TRIAGE PROCEDURE 

A triage procedure for identifying Special Assistance 
recipients most in need of an initial evaluation shall be 
developed by the county department of social services in 
conjunction with the area mental health, developmental 
disabilities, substance abuse services authority and used by 
resident evaluators. The procedure shall meet requirements 
established by the Secretary of tlie Department of Health and 
Human Services, including time frames for initial evaluations 
and treatment and the conditions under which another qualified 
mental health professional outside of the area authority shall be 
used. 



Authority G.S. 143B-153: S.L. 1999-237. 

.0808 TRAINING REQUIREMENTS FOR RESIDENT 
EVALUATORS 

Resident evaluators hired directly by county departments of 
social services or through a contract with another agency or with 
a qualified individual shall complete training on the Resident 
Assessment Instrument for Adult Care Homes prior to 
conducting any evaluations of Special Assistance applicants or 
recipients. 

Authority G.S. 143B-153; S.L. 1999-237. 

.0809 METHODS OF SERVICE PROVISION 

(a) One or more of the methods of service provision 
enumerated in this Paragraph shall be used to provide Adult 
Care Home Resident Evaluation Services. 

(1 ) Direct Provision. County departments of social 

services may employ qualified resident evaluators to 

provide Adult Care Home Resident Evaluation 

Services. The resident evaluators shall: 

(A) Meet the requirements established by the 

Office of State Personnel or a substantially 

equivalent jurisdiction approved by the State 

Personnel Commission for resident evaluators 

based on the activities set forth in Rule .080.3 



12} 



of this Section; 



IB) 



(C) 
ID) 



Have training in assessment and care planning 

for long-term-care services in residential and 

community care settings and training in the use 

of computer software to operate the Resident 

Assessment Instrument for Adult Care Homes; 

Perform all duties and activities in accordance 

with the rules contained in this Section; and 

Have no agreement, financial or otherwise. 

with a licensed facility or any relationship with 

a facility that could give rise to a conflict of 

interest. 

Contract with Another Agency. County departments 

of social services may establish a written contract 

with another agency to provide Adult Care Home 

Resident Evaluation Services. Resident evaluators 

employed through a written contract shall: 

(A) Meet the requirements established b^ the 

Office of State Personnel or a substantially 

equivalent jurisdiction approved by the State 

Personnel Commission for resident evaluators 

based on the activities set forth in Rule .0803 

of this Section; 

Have training in assessment and care planning 
for long-term-care services in residential and 
community care settings and training in the use 
of computer software to operate the Resident 
Assessmentlnstrument for Adult Care Homes; 
Perform all duties and activities in accordance 
with the rules contained in this Section; and 
Have no agreement, financial or otherwise. 



mi 



(C) 
(D) 



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with a licensed facility or any relationship with 

a facility that could giye rise to a conflict of 

interest. 

(3) Contract with a Qualified Individual. County 

departments of social services may establish a written 

contract with a qualified individual to provide Adult 

Care Home Resident Evaluation Services. Individuals 

under contract with a county department of social 

services to provide this service shall: 

(A) Meet the requirements established by the 
Office of State Personnel or a substantially 
equivalent jurisdiction approved by the State 
Personnel Commission for resident evaluators 
based on the actiyities set forth in Rule .0803 
of this Section; 

(B) Have training in assessment and care planning 
for long-term-care services in residential or 
community care settings and training in the use 
of computer software to operate the Resident 
Assessment Instrument for Adult Care Homes; 

(C) Perform all duties and activities in accordance 
with the rules contained in this Section; and 

(D) Have no agreement, financial or otherwise, 
with a licensed facility or any relationship with 
a facility that could give rise to a conflict of 
interest. 

ibi) A written contract with another agency or with a qualified 
individual shall be established in accordance with rules set forth 
in 1 NCAC Chapter 36. Copies of these rules may be obtained 
from the Office of Administrative Hearings. Post Office Drawer 
27447, Raleigh. NC 2761 1-7447. (919) 733-2678. at a cost of 
two dollars and fifty cents ($2.50) for up to ten pages and fifteen 
cents ($.15) for each additional page at the time of the adoption 
of this Rule. 

Aiithorit}- G.S. 143B-153; S.L 1999-237. 

.0810 CASE RECORD 

A record shall he kept in the county department of social 
services of jurisdiction for each client receiving Adult Care 
Home Resident Evaluation Services and must include: 

Documentation of request or authorization for 

services; 

Documentation of client eligibility; 

Documentation of consent for release and sharing of 

information; 



m 

12) 

ill 

(4) 



A copy of the completed initial evaluation using the 
Resident Assessment Instrument for Adult Care 
Homes documenting the need for adult home level of 
care; 

(5) Copies of all rc; evaluations using the Resident 
Assessment Instrument for Adult Care Homes; 

(6) Documentation of any and aU referrals, including 
those to the area mental health, developmental 
disabilities, substance abuse services authority or 
another qualified mental health professional; 



(7) Documentation of any additional information used to 
verify the need for referral to the area mental health, 
developmental disabilities, substance abuse services 
authority or another qualified mental health 
professional; 

(8) Documentation that an evaluation is conducted, and if 
indicated, a treatment or habilitation plan is developed 
when the client is referred to the area mental health, 
developmental disabilities, substance abuse services 
authority or another qualified mental health 
professional; 

(9) Documentation that the adult care home's plan of care 
for the client is consistent with the results of the 
evaluation and treatment or habilitation plan when the 
client is referred to the area mental health, 
developmental disabilities, substance abuse services 
authority or another qualified mental health 
professional; and 

(10) Documentation notifying the client of service 
reduction, denial or termination. 

Authority G.S. 143B-153: S.L. 1999-237. 

SUBCHAPTER 42E - ADULT DAY CARE 
STANDARDS FOR CERTIFICATION 

SECTION .0800 - DEFINITION OF TERMS 

.0801 DEFINITIONS 

(a) "Adaptable Space" means space in a facility that can he 
used for several purposes with little effort and without 
sacrificing safety and health standards; for example, an activities 
room that is used for crafts in the morning, used to serve lunch 
and used for exercise activities in the afternoon. 

(b) "Adult" is an individual 18 years of age or older. 

(c) "Alzheimer' s Disease" is a progressive, degenerative 
disease that attacks the brain and results in impaired memory, 
thinking and behavior. Characteristic symptoms of the disease 
include gradual memory loss, impaired judgement, 
disorientation, personality change, difficulty in learning and loss 
of language skills. 

(d)(r) "Ambulatory" refers to a person who is fully mobile 
and does not need the continuing help of a person or object for 
support (except a walking cane). 

(e)tcf) "Capacity" is the number of participants for which a 
day care program is certified. 

(f)(e) "Caretaker" is an adult who regularly provides an 
impaired adult with continuous supervision, assistance with 
preparation of meals, assistance with housework and assistance 
with personal grooming. 

(g)(f) "Certification" is the process whereby an adult day care 
program is approved as meeting adult day care standards. 

(h)(-g) "Certifying agency" is the Department of Huma n 
Resources, Division of Social Se r vices. Health and Human 
Services, Division of Aging. 

(Dttri "Day Care Center" means a day care program operated 



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1103 



PROPOSED RULES 



in a structure other than a single family dwelling. 

(\)ix) "Day Care Home" means a day care program for two to 
six people operated in a single family dwelling. 

(k)(Tl "Group Process" means at least three persons engaged 
in a common activity that can bring pleasure, satisfaction and 
improvement to all members. 

(liflc) "Institution" is a facility that is established to serve a 
particular purpose and is required by state law to be provided 
and maintained by the state and any facility defined in federal 
regulations as an institution. In North Carolina, the list of 
institutions includes but is not necessarily limited to: general 
hospitals, state psychiatric hospitals, state centers for the 
retarded, skilled nursing facilities, and intermediate care 
facilities. 

(m) "Mental health disability" is a severe, lifelong, chronic 
condition that is due to a mental or physical impairment or a 
combination of mental and physical impairments. 

(n)tii "Non-ambulatory" refers to a person who is bedfast. 

(o)fm) "Nursing Care" is skilled nursing care or intermediate 
care. 

(pj trrl "Operator" is the person responsible for management 
of a day care home. 

(q) "Other special needs disease or condition" refers to a 
diaiznosis. disease or disability, such as AIDS/HIV, that benefits 
from monitoring or oversight in a supervised setting. 

IDtq) A "Physical Therapy Program" is a series of activities 
prescribed by a licensed physical therapist or activities 
administered under the supervision of a physical therapist. 

(s)tp) "Program Director" is the person responsible for 
program planning, development and implementation in a day 
care center. 

(t) "Related disorders" means dementing or memory 
impairing conditions characterized by irreversible memory 
dysfunction. 

(u)(tf) "Semi-ambulatory" refers to a person who needs and 
uses the assistance of objects such as a wheelchair, crutches, 
walker, or other appliance or the support of another person on a 
regular and continuing basis to move about. 

(v) "Special care services" are services by a certified adult 
day care center that promotes itself as providing programming, 
activities or care specifically designed for persons with 
Alzheimer?s Disease or related disorders, mental health 
disabilities, or other special needs diseases or conditions. 

(w)frt "Supervising agency" is the county department of 
social services in the county in which the day care program is 
located. The county department is responsible for seeing that 
certification standards are met on an on-going basis and for 
making a recommendation to the Division of Social Services 
Aging regarding certification. 

£x](s) A "Participant" is a person enrolled in an adult day care 
program. 

(y)W A "Senior Center" is a community or neighborhood 
facility for the organization and provision of a broad spectrum 
of services including health, social, nutritional and educational 
services and a facility for recreational and group activities for 
older persons. (Administration on Aging definition) 



Authority G.S. 143B-153; S.L 1999-334. 

SECTION .1500 - SPECIAL CARE FOR PERSONS 

WITH ALZHEIMER'S DISEASE OR OTHER 

DEMENTIAS, MENTAL HEALTH DISABILITIES OR 

OTHER SPECIAL NEEDS DISEASES OR 

CONDITIONS IN ADULT DAY CARE CENTERS 

.1501 DISCLOSURE 

The rules of this Chapter are established to govern the 
disclosure requirements for adult day care programs that provide 
or promote special care services for persons with Alzheimer's or 
other dementias, mental health disabilities, or other special needs 
diseases or conditions. Only those centers that meet these 
requirements may advertise or represent themselves as providing 
special care services as defined in Rule 10 NCAC 42E .0801. 

Authority G.S. 143B-153: G.S. 131D-6: S.L. 1999-334. 

.1502 POLICIES AND PROCEDURES 

Adult Day Care Centers shall assure that written special care 
services policies and procedures are established, implemented by 
staff and available for review within the center. In addition to all 
applicable policies and procedures for adult day care centers, 
there should be policies and procedures that address: 

(1) The philosophy of the special care service which 
includes a statement of mission and objectives 
regarding the specific population to be served by the 
center which shall address, but not be limited to, the 
following: 

(a) a safe, secure, familiar and consistent 
environment that maintains and encourages the 
use of skills for daily living; 

(b) a structured program of daily activities that 
allows for flexibility to respond to the needs, 
abilities, and preferences of participants; 

(c) individualized service plans that stress the 
maintenance of participant's abilities and 
promote the highest possible level of physical 
and mental functioning; and 

(d) methods of behavior management which 
preserve dignity through design of the physical 
environment, physical exercise, social activity, 
appropriate medication administration, proper 
nutrition and health maintenance. 

(2) The process and criteria for enrollment \n and 
discharge from the service. 

(3) A description of the special care services offered by 
the center. 

(4) Participant assessment and service planning, 
including opportunity for family involvement iji the 
service planning and the implementation of the 
service plan, including responding to changes in the 
participant's condition. 

(5) Safety measures addressing specific dangers such as 
wandering, ingestion, falls, smoking, and aggressive 



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14:13 



PROPOSED RULES 



£6} 
ID 

18} 
iil 



behavior- 
Lost or missing participants- 
Staff to participant ratios in the special care service to 
meet the needs of participants, 
mount and content areas of staff training both at 
orientation and annually based on the special care 
needs of the participants. 

Physical environment and design features that address 
the needs of the participants. These features can 
encompass an entire center if the center promotes 
itself as providing special care or any section 



(10) 

nil 

(12) 
(13) 



separated by closed doors from the rest of the center 
and advertised especially for special care of 
participants. 

(a) Center or section exit doors may be locked 
only if the locking devices meet the 
requirements outlined in the N.C. State 
Building Code for special locking devices; 

(b) Where exit doors are not locked, a system of 
security monitoring shall be provided. 

Activities based on personal preferences and needs of 

the participants that focus on the individual's interests 

and abilities. 

Opportunity for involvement of families in participant 

care, if applicable. 

The availability of or information on family support 

groups and other community services. 

Additional costs and fees to the participant for the 

special services provided. 



Authority G.S. 143B-153; G.S. 131D-6: S.L. 1999-334. 

SUBCHAPTER 42V - PROTECTIVE SERVICES FOR 
ADULTS 

SECTION .0100 - GENERAL 

.0108 DEFINITIONS 

(a) Immediately" as specified in OS, 108A-103(d). shall 
mean responds with no delay as soon as a county department of 
social services receives a report that: 

(1) an adult is alleged to be disabled as defined in G.S. 
108A-101(d): 

(2) an adult is alleged to be abused, neglected, or 
exploited as defined in G.S. I08A-I01(a). (i), or(m); 
and 

(3) an adult is alleged to be in need of protective services 
as defined in G.S. 108A-10l(e). 



(b) "A life threatening situation" shall be considered an 
emergency as defined in G.S. 108A-I01(g). 

Authority G.S. 143B-153: S.L. 1999-334. 

SUBCHAPTER 42Z - ADULT DAY HEALTH 
STANDARDS FOR CERTIFICATION 



SECTION .1000 - SPECIAL CARE FOR PERSONS 

WITH ALZHEIMER'S DISEASE OR RELATED 

DISORDERS, MENTAL HEALTH DISABILITIES, OR 

OTHER SPECIAL NEEDS DISEASES OR 

CONDITIONS IN ADULT DAY CARE CENTERS 

.1001 DISCLOSURE 

Disclosure standards as set forth in 1 NCAC 42E . 1 502 shall 
control for this Chapter. 

Authorit}' G.S. 143B-J53: G.S. 13ID-6: S.L. 1999-334. 

CHAPTER 47 -STATE/COUNTY SPECIAL 
ASSISTANCE 

SUBCHAPTER 47B - ELIGIBILITY 
DETERMINATION 

SECTION .0100 - APPLICATION PROCESS 

.0103 ELIGIBILITY DETERMINATION PROCESS 

The following steps shall be followed in eligibility 
determination: 



(1) 
(2) 



(3) 



£4) 



Each eligibility factor shall be reviewed; 
A home visit (or a visit to the domiciliary care 
facility, if a home visit is not appropriate) shall be 
made unless one of the following exceptions applies: 

(a) The applicant resides in a state institution 
(mental hospital or retardation center). In this 
case, information shall be obtained from a 
responsible person or staff member of the 
institution. 

(b) The applicant resides in a domiciliary care 
facility in a county other than his county of 
residence. In this case, information shall be 
obtained from a responsible person or the 
county department in the county where the 
facility is located. 

The applicant shall be asked whether he receives 
Supplemental Security Income benefits. If he has not 
applied, he shall be asked to apply immediately. The 
State/County Special Assistance application shall be 
held until a disposition is made. 
The applicant or the applicant's legally responsible 
party shall cooperate with the resident evaluation to 
be completed by the Adult Care Home Resident 
Evaluator. 



an Authority G.S. 1433-153. S.L. 1999-237. 

SECTION .0200 - REDETERMINATION OF 
ELIGIBILITY 

.0204 RE-EVALUATION 

Eligibility re-determination shall be based on verification that 
a re-evaluation has been completed at least every 12 months 



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1105 



PROPOSED RULES 



using the Resident Assessment Instrument for Adult Care 
Homes and other supportive information which documents the 
need for care in an adult care home licensed under G.S. 1 3 1 D-2. 
a combination home licensed under G.S. 1 3 1 E. Article 6. Part A. 
or a facility licensed under G.S. 1 22C. Article 2. 

Authority G.S. 14JB-153: S.L 1999-237. 

SECTION .0400 - ELIGIBILITY FACTORS 

.0407 EVALUATION 

Eligibility for State/County Special Assistance for Adults 
shall he determined based on yerification that an evaluation has 
been completed using the Resident Assessment Instrument for 
Adult Care Homes and other supportive information which 
documents the need for care in an adult care home licensed 
under G.S. 131D-2. a combination home licensed under G.S. 
13 IE, Article 6, Part A, or a facility licensed under G.S 122C, 
Article 2. 

Authority G.S. M3B-153; S.L. 1999-237. 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Medical Care Commission intends 
to adopt the rules cited as 10 NCAC 428 .121 3-. 121 4. .2406. 
.2501:2503, .2601: 42C .2013-.2015. .2506. .3801-. 3810. 
.3901 -.3903. .4001: 42D .1303-. 1304. .1412-. 1416. .1831. 
.1901:1910. .2001-.2011. .2101-.2102. .2201:2203. .2301. 
amend the rules cited as 10 NCAC 428 .1201. .1407. .1707. 
.1803: 42C .2005. .2011:2012. .2207. .2214. .2302. .3401- 
.3402. .3701. .3703: 42D .1301, .1402. .1407. .1410-. 1411. 
.1503. .1605. .1804. .1821: and repeal the rules cited aslO 
NCAC 428. 1212: 42C.2501. .2505. .2703: 42D.1302. .1401. 
Notice of Rule-making Proceedings was published in the 
Register on September 15. 1999. 

Proposed Effective Date: July 1. 2000 

Public Hearings will be conducted on: 
January 24, 2000 at 1:00 p.in 

Carlton Watkins Training Room 
3500 Ellington Street 
Charlotte. NC 

January 25, 2000 at 1:00 p.m. 

Mountain AHEC - Classroom #4 
501 Biltmore Avenue 
Asheville. NC 

February 2, 2000 at 1:00 p.m. 

Edwin W. Monroe Conference Center 
Pamlico Room 
2000 Venture Tower Drive 
Greenville. NC 



February 7, 2000 at 1:00p.m. 

Wake County Health Department 
Auditorium/Room 101 
10 Simnybrook Drive 
Raleigh. NC 

Reason for Proposed Action: Adopt permanent rules to 
replace the temporaiy rules adopted by the Secretaiy. DHHS, 
pursuant to Senate Bill 10, Senate Bill 198 and House Bill 512. 

Comment Procedures: Written comments may be submitted to 
Jackie Shepphard. Assistant Director, Division of Facility 
Services, 2701 Mail Senice Center, Raleigh, NC 27699-2701. 
Although the comment period ends March 6. 2000 you are 
encouraged to submit your written comments by 5:00 p.m. on 
February 7. 2000 in order to allow the Commission sufficient 
time to consider your comments. The Chairman may impose a 
time limit for speakers depending on the number of speakers. 



Fiscal Impact 
State Local Sub. 

/ / 



None 



CHAPTER 42 - INDIVIDUAL AND FAMILY SUPPORT 

SUBCHAPTER 42B - LICENSING OF HOMES FOR 
DEVELOPMENTALLY DISABLED ADULTS 

SECTION .1200 - PERSONNEL 

.1201 PERSONNEL REQUIREMENTS 

The qualifications of administrator, co-administrator. 
supervisor-in-charge. manager, and co-manager are as follows: 

(1) shall be an adult; 

(2) shall be a high school graduate or certified under the 
G.E.D. Program (applies to those employed on or 
after August 1. 1991); 

(3) shall be in good physical, mental and emotional h ealth 
(DSS- 18 6 4): health; 

(4) shall provide written documentation about convictions 
of criminal offenses from the clerk of court in the 
county in which the conviction was made, and about 
any driving offenses other than minor traffic 
violations from the motor vehicles office; 

(5) shall earn 12 hours a year of continuing education 
credits related to the management of homes and 
training of developmentally disabled adults. 

Authority G.S. 131D-2: 13ID-4.5: 1438-153: 168-1: 168-9: S.L 
99-0334. 

.1212 CERTIFICATION OF ADMINISTRATOR 

Rule 10 NCAC 42D .1412 shall co n trol fo r this Subchapte r . 

Authority G.S. 131D-2: 90-288: 1438-165: SL 99-0334: S.L. 
99-0443. 



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PROPOSED RULES 



.1213 QUALIFICATIONS OF MEDICATION AIDES 
AND THEIR SUPERVISORS 

(a) Effective February 15. 2000. staff who administer 
medications, hereafter referred to as medication aides, and staff 
who directly supervise the administration of medications shall 
have documentation of successfuUv completing the clinical skills 
validation portion of the competency evaluation according to 
Paragraph (d) and (e] of Rule .1214 of this Section prior to the 
administration or supervision of the administration of 
medications. Medication aides shall also meet the staff training 
and competency requirements according to Rule .1210 of this 
Section. Persons authorized by state occupational licensure laws 
to administer medications are exempt from this requirement. 

(b) Effective July 1 . 2000. medication aides and their direct 
supervisors, except persons authorized by state occupational 

licensure laws to administer medications, shall successfully p ass G.S. I31D-2; 143B-153: 13ID-4.5; 168-1; 168-9; S.L 99-0334. 

the written examination within 90 days after successful 

completion of the clinical skills validation portion of a 

competency evaluation according to Rule . 1 2 1 4 of this Section. 

Medication aides shall also meet the staff training and 

competency requirements according to Rule .1210 of this 

Section. 

(c) Medication aides and their direct supervisors, except 
persons authorized by state occupational licensure laws to 



closet as follows: 

t+l well-lighted, locked cabinet or closet large enough to 

s t ore all medications in an orderly manner; 
tH dividers installed or containers provided in the cabine t 

o r closet to sepa r ate each r esident's medications with 

proper labeling for each resident; 
0j loca te d off the corridor but not i n bathrooms, utility 

r oo m , o r kitchen, due to presenc e of steam and 

va r iatio n s in t e m pera t ure; 

a se p arate lockable box i n th e re f r ige r ato r shall be 

provided for drug storage when needed (or a se p a r a te 

drug-only refrigerator); 
— all external me dications shall be sto re d separately 

from internal medication. 



t4f- 



t^r 



SECTION .1700 - ADMISSION: TRANSFER: AND 
DISCHARGE POLICIES 

.1707 PROCEDURES FOR DISCHARGE 

Rule 10 NCAC 42C .2506 shall control for this Subchapter. 

(a) Discharge policies shall be in writing. 

(b) When it becomes appa r ent that a r es i d e nt n o longe r n e e ds 
administer medications, shall complete eight hours of state the servi ce s o f a g r ou p ho m e, the administ r ato r of a private for 
approved continuing education annually in medication profit home will always notify the county department of social 
administration. services regarding discharge. In private non-profit homes the 

manager will notify the board of directors or ad m issions 
c ommitte e wh i ch will in tu rn notify the cou n ty depa r tment of 
social services. — In all cases the county department of social 
s e rv ices must be notified about a discharge. 

(c) — If the r esident's physician dete r mi n e s that he n eeds a 
highe r l e vel of care, the m anager must contact the ad m issio n s 
commi tt ee o r social wo r ker to m ake other p la n s fo r the r esident. 

(d) Tlie manager must notify the admissions committee o r 
social worker if a resident requests or otherwise indicates a need 
fo r a d i ffe r ent home. 

(e) Enter the date of discharge or transfer and the reason for 
l eaving the licensed home in item 14 of the DSS-1865 form. 

(0 Fo r disposition of records of residents who have left the 
home see Regulatio n .2001 of this Subchap t e r . 

(g) The manage r shall contact the admissio n s c ommittee and 
social worker for persons having difficulty ad j usting to the 
change in living arrangements. — If. after a reasonable time 
adjustmen t is not satisfac t ory, the manage r may r equest the 
admissio n s committee o r social worke r to make other plans for 
the res ide nt . 

th) — Also, there shall be a clearly d e f in ed system fo r the 
r esiden t to express any grievances or co m pla i nts. An advoca te 
for the individual shall be established; i.e., a social worker, 
family member or friend. 

Authority'G.S. 131D-2; 131D-4.5; 143B-153; 168-1; 168-9; S.L. 
99-0334. 

SECTION .1800 - MEDICAL POLICIES 



(d) Effective July 1. 2000. persons taking the competency 
evaluation for medication administration shall be a high school 
graduate or certified under the G.E.D. program or shall have 
passed an alternative examination established by the 
Department. 

(e) Training and competency validation of any unlicensed 
person who is to administer insulin shall be according to Rule 
■2404 of this Subchapter. Effective January 1 . 2000. the training 
shall also be required for any unlicensed person who is to 
administer insulin. 

Authority G.S. 131D-2; 131D-4.5; 143B-165; S.L 99-0334. 

.1214 MEDICATION ADMINISTRATION 
COMPETENCY EVALUATION 

Rule 10 NCAC 42C .2014 shall control for this Subchapter. 

Authority G.S. 131D-2; 131D-4.5; 1438-165; S.L 99-0334. 

SECTION .1400 - ARRANGEMENT AND SIZE OF 
ROOMS 

.1407 STORAGE AREAS 

(a) The storage areas must be adequate in size and number for 
storage of clean linens, soiled linens, cleaning materials, 
household supplies, food and equipment. Refer to rules and 
regulations governing the sanitation and other aspects of 
residential care facilities. 

( b ) Medications shall be sto r ed s e parately in a cabinet o r 



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1107 



PROPOSED RULES 



.1803 MEDICATIONS 

(a) The group home shall have a written policy regarding 
medication: 

(!) The group home should have a systematic training 
program to help each resident become less reliant on 
drug administration by staff and more self-reliant 
regarding drug administration. 

(2) Programs designed to gradually reduce the 
t r anquilizer intake of residents use of psychotropic 
medications shall be under the supervision of a 
qualified physician. Care should be taken to 
distinguish tranquilizing — d r ugs psychotropic 
medications from medication used for other purposes 
such as for seizure control. 

(3) Medications for all residents shall be re-evaluated and 
re-authorized every six months by a physician . 

(4) The home administrator-manager shall be responsible 
for assuring that the resident complies with the 
prescribed drugs regimen. 

(b) Regulatio n The rules states in 10 NCAC 42C .2703 .3800 
shall control for this Section of the Subchapter. 

Authority- G.S. 131D-2: 131D-4.5; 143B-153; 168-1; 168-9; S.L. 
99-0334. 

SECTION .2400 -MISCELLANEOUS RULES 

.2406 HEALTH CARE PERSONNEL REGISTRY 

The facility shall comply with General Statute 131E-256 and 
supporting 10 NCAC 3B .1001 and .1002. 

Authority G.S. 131D-2; 131D-4.5; 131E-256; 143B-I65; S.L 
99-0334. 

SECTION .2500 - ADULT HOME CARE LICENSES 

.2501 DEFINITIONS 

Rule 10 NCAC 42C .3901 shall control for this Subchapter. 

Authority- G.S. 131D-2; 131D-4.5; 143B-165;S.L 99-0113; 99- 
0334. 

.2502 PERSONS NOT ELIGIBLE FOR NEW ADULT 
CARE HOME LICENSES 

Rule 10 NCAC 42C .3902 shall control for this Subchapter. 

Authority G.S. 131D-2; 131D-4.5; 1433-165; S.L. 99-0113; 99- 
0334. 

.2503 ADULT CARE HOMES NOT ELIGIBLE FOR 
LICENSE RENEWAL 

Rule 10 NCAC 42C .3903 shall control for this Subchapter. 

Authority- G.S. 131D-2; 131D-4.5; 143B-I65; S.L. 99-0113; 99- 
0334. 



SECTION .2600 - EFFECTIVE DATE OF 
TEMPORARY RULES 

.2601 CHANGE OF EFFECTIVE DATE OF 
TEMPORARY RULES 

The effective date of temporary Rules .1213. .1214. .1407. 
.1707, .1803, .2501, .2502, and .2503 of this Subchapter is 
changed to January 1. 2000. 

Authority- G.S. 131D-2; 131D-4.5; 143B-165; S.L. 99-0334. 

SUBCHAPTER 42C - LICENSING OF FAMILY CARE 
HOMES 

SECTION .2000 - PERSONNEL 

.2005 OTHER PERSONNEL REQUIREMENTS 

(a) In addition to the personnel requirements set forth in 
Rules .2001, .2002, and .2006 of this Subchapter, additional 
competent staff must be employed, as needed, to assure good 
housekeeping, supervision and personal care of the residents. 

(b) In homes where there are minor children, aged or infirm 
relatives of the administrator or other management staff residing, 
the number of extra staff will be determined by the capacity for 
which the home is licensed plus the minors and relatives who 
require care and supervision. 

(c) The Division of Facility Services will make the final 
determination of the need for additional staff, based on the 
home's licensed capacity; the number of live-in minors and 
relatives requiring care; the condition, needs and ambulation 
capacity of the residents; and the layout of the building. 

(d) Each staff member must have a well-defined job 
description that reflects actual duties and responsibilities, signed 
by the administrator and the employee. 

(e) Each staff member must be able to apply all of the home's 
accident, fire safety and emergency procedures for the protection 
of the residents. 

( f) Each staff member authorized by the administrator to have 
access to confidential resident information must be informed of 
the confidential nature of the information and must protect and 
preserve such information from unauthorized use and disclosure. 
G.S. 131D-2(b)(4), G.S. 13ID-2I(6), and G.S. 131D-21.1 
govern the disclosure of such information. 

(g) Each staff member is to encourage and assist the residents 
in the exercise of the rights guaranteed under the Adult Care 
Home Residents' Bill of Rights. Nostaff member is to hinder or 
interfere with the proper performance of duty of a lawfully 
appointed Adult Care Home Community Advisory Committee. 

(h) Each staff member left alone with the residents must be 
18 years or older. 

(ij Within six months of the effective date of this rule, each 
facility shall have at least one person on the premises at all times 
who has successfully completed within the last 24 months a 
course on cardiopulmonary resuscitation (CPR) and choking 
management, including Heimlich maneuver, provided by the 
American Heart Association, the American Red Cross or a 



1108 



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14:13 



PROPOSED RULES 



trainer with documented certification as a trainer in these 
procedures. For the purpose of this rule, successfully completed 
means demonstrating competency, as eyaluated by the 
instructor, m performing the Heimlich maneuver and 
cardiopulmonary resuscitation. Documentation of successful 
completion of the course shall be on file and available for review 
in the facility. 

(jj Staff who transport residents shall maintain a valid driver's 
license. 



(k) If licensed practical nurses are employed by the facility, 
there shall be continuous availability of a registered nurse 
consistent with Rules 21 NCAC 36 .0224 and .0225. 
Note: The practice ot' licensed practical nurses is governed by 
their occupational licensing laws. 

Authority G.S. 13ID-2: 131D-4.5: 143B-153: S.L. 99-0334. 

.2011 STAFF COMPETENCY AND TRAINING 

(a) The facility shall assure that personal care staff and those 
who directly supervise them in facilities without heavy care 
residents successfully complete a 26 25 hour training program, 
including competency evaluation, approved by the Department 
according to Rule .20 1 2 of this Section. For the purposes of this 
Subchapter, heavy care residents are those for whom the facility 
is providing personal care tasks listed in Paragraph (i) of this 
Rule. Directly supervise means being on duty in the facility to 
oversee or direct the performance of staff duties. 

(b) The facility shall assure that staff who perform or directly 
supervise staff who perform personal care tasks listed in 
Paragraph (i) of this Rule in facilities with heavy care residents 
successfully complete a ?5 80-hour training program, including 
competency evaluation, approved by the Department according 
to Rule .2012 of this Section and comparable to the State- 
approved Nurse Aide I training. 

(c) The facility shall assure that training specified in 
Paragraphs (a) and (b) of this Rule is successfully completed 
within one of the following ti m e f r am es: six months after hiring 
for staff hired after July 1 . 2000. Staff hired prior to July I. 
2000. shall have completed at least a 20 or 75-hour training 
program, which shall meet all the requirements of this Rule 
except for the interpersonal skills and behavioral interventions 
listed in Paragraph £[] of this Rule, within six months after 
hiring. 

("li six months af t er i m pl em en t ation of a sta t ewide 
training — program — for — staff — hired — before — smrh 
implementation: o r 

(2) six months after hiring for staff hired Department of 
Commu n ity Colleges, afte r im p lementation of a 
s t a t ewide training program established by the 

(d) The Department shall have the authority to extend the six- 
month time frame specified in Paragraph (c) of this Rule up to 
six additional months for a maximum allowance of 1 2 months 
for completion of training upon submittal of documentation to 
the Department by the facility showing good cause for not 
meeting the six-month time frame. 

(e) Exemptions from the training requirements of this Rule 



(2) 



(3) 



are as follows: 

(1) The Department shall exempt staff from the 20 25; 
hour training requirement upon successful completion 
of a competency evaluation approved by the 
Department according to Rule .20 1 2 of this Section if 
staff have been employed to perform or directly 
supervise personal care tasks listed in Paragraph (h) 
and the interpersonal skills and behavioral 
interventions listed in Paragraph (jj of this Rule in a 
comparable long-term care setting for a total of at 
least 12 months during the three years prior to 
January 1 , 1 996, or the date they are hired, whichever 
is later. 

The Department shall exempt staff from the 75 80; 
hour training requirement upon successful completion 
of a 15-hour refresher training and competency 
evaluation program or a competency evaluation 
program approved by the Department according to 
Rule .20 12 of this Section if staff have been employed 
to perform or directly supervise personal care tasks 
listed in Paragraph (i) and the interpersonal skills and 
behavioral interventions listed in Paragraph ( j) of this 
Rule in a comparable long-term care setting for a total 
of at least 12 months during the three years prior to 
January 1 , 1 996, or the date they are hired, whichever 
is later. 

The Department shall exempt staff from the 26 25 and 

75 80; hour training and competency evaluation who 

are or have been licensed health professionals or 

l i st e d on the N.C. Nu r se Aide Reg i st r y. Certified 

Nursing Assistants. 

(0 The facility shall maintain documentation of the training 

and competency evaluations of staff required by the rules of this 

Subchapter. The documentation shall be filed in an orderly 

manner and made available for review by representatives of the 

Department. 

(g) The facility shall assure that staff who perform or directly 
supervise staff who perform personal care tasks listed in 
Paragraphs (h) and fr) (jl, and the interpersonal skills and 
behavioral interventions listed in Paragraph (j) of this Rule 
receive on-the-job training and supervision as necessary for the 
performance of individual job assignments prior to meeting the 
training and competency requirements of this Rule. 

(h) For the purposes of this Rule, personal care tasks which 
require a 26 25; hour training program include, but are not 
limited to the following: 

( 1 ) assist residents with toileting and maintaining bowel 
and bladder continence; 
assist residents with mobility and transferring; 
provide care for normal, unbroken skin; 
assist with personal hygiene to include mouth care, 
hair and scalp grooming, care of fingernails, and 
bathing in shower, tub, bed basin; 
trim hair; 
shave resident; 
provide basic first aid; 



(2) 
(3) 
(4) 



(5) 
(6) 
(7) 



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January 4, 2000 



1109 



PROPOSED RULES 



assist residents with dressing; 
assist with feeding residents with special conditions 
but no swallowing difficulties; 
assist and encourage physical activity; 
take and record temperature, pulse, respiration, 
routine height and weight; 

trim toenails for residents without diabetes or 
peripheral vascular disease; 
perineal care; 
apply condom catheters; 
turn and position; 
collect urine or fecal specimens; 
take and record blood pressure if a registered nurse 
has determined and documented staff to be competent 
to perform this task; 

apply and remove or assist with applying and 
removing prosthetic devices for stable residents if a 
registered nurse, licensed physical therapist or 
licensed occupational therapist has determined and 
documented staff to be competent to perform the task; 
and 
( 1 9) apply or assist with applying ace bandages, TED's and 
binders for stable residents if a registered nurse has 
determined and documented staff to be competent to 
perform the task, 
(i) For the purposes of this Rule, personal care tasks which 
require a 75 80; hour training program are as follows: 



(8) 
(9) 

(10) 
(11) 

(12) 

(13) 
(14) 
(15) 
(16) 
(17) 



(18) 



(1) 



feeding residents with swallowins 



assist with 

difficulty; 

assist with gait training using assistive devices; 

assist with or perform range of motion exercises; 

empty and record drainage of catheter bag; 

administer enemas; 

bowel and bladder retraining to regain continence; 

test urine or fecal specimens; 

use of physical or mechanical devices attached to or 

adjacent to the resident which restrict movement or 

access to ones own body used to restrict movement or 

enable or enhance functional abilities; 

non-sterile dressing procedures; 

force and restrict fluids; 

apply prescribed heat therapy; 

care for non-infected pressure ulcers; and 

vaginal douches. 
{]} For purposes of this Rule, the interpersonal skills and 
behavioral interventions include, but are not limited to the 
following: 

( 1 ) recognition of residents' usual patterns of responding 

to other people; 

individualization of appropriate interpersonal 



(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 



(9) 
(10) 

(11) 
(12) 
(13) 



12) 

01 
(4) 



(5) 



interactions with residents; 

interpersonal distress and behavior problems; 

knowledge of and use of techniques, as alternatives to 

the use of restraints, to decrease residents" 

intrapersonal and interpersonal distress and behavior 

problems; 

knowledge of procedures for obtaining consultation 



and assistance regarding safe, humane management of 
residents' behavioral problems. 

Authority G.S. 131D-2: 13ID-4.3; 131D-4.5i 143B-153; S.L 
99-0334. 

.2012 TRAINING PROGRAM AND COMPETENCY 
EVALUATION CONTENT AND APPROVAL 

(a) The 26 25^ hour training specified in Rule .201 1 of this 
Section shall consist of at least +2 15 hours of classroom 
instruction, and the remaining hours shall be supervised practical 
experience. Competency evaluation shall be conducted in each 
of the following areas: 

( 1 ) personal care skills; 

(2) cognitive, behavioral and social care; care for all 
residents and including interventions to reduce 
behavioral problems for residents with mental 
disabilities; and 

(3) residents' rights as established by G.S. 131D-21. 

(b) The 75= 80; hour training specified in Rule .201 1 of this 
Section shall consist of at least 30 34 hours of classroom 
instruction and at least 36 34 hours of supervised practical 
experience. Competency evaluation shall be conducted in each 
of the following areas: 

( 1 ) observation and documentation; 

(2) basic nursing skills, including special health-related 
tasks; 

(3) personal care skills; 

(4) cognitive, behavioral and social care; care for aU 
residents and including interventions to reduce 
behavioral problems for residents with mental 
disabilities; 

(5) basic restorative services; and 

(6) residents' rights as established by G.S. 131D-21. 

(c) The following requirements shall apply to the 26 25 and 
75 80; hour training specified in Rule .201 1 of this Section: 

( 1 ) The trainmg shall be conducted by an individual or a 
team of instructors with a coordinator. The 
supervisor of practical experience and instructor of 
content having to do with personal care tasks or basic 
nursing skills shall be a registered nurse with a 
current, unencumbered license in North Carolina and 
with two years of clinical or direct patient care 
experience working in a health care, home care or 
long term care setting. The program coordinator and 
any instructor of content that does not include 
instruction on personal care tasks or basic nursing 
skills shall be a registered nurse, licensed practical 
nurse, physician, gerontologist, social worker, 
psychologist, mental health professional or other 
health professional with two years of work experience 
in adult education or in a long term care setting; or a 
four-year college graduate with four years of 
experience working in the field of aging or long term 
care for adults. 

(2) A trainee participating in the classroom instruction 
and supervised practical experience in the setting of 



1110 



NORTH CAROLINA REGISTER 



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PROPOSED RULES 



the trainee's employment shall not be considered on 
duty and counted in the staff-to-resident ratio. 

(3) Training shall not be offered without a qualified 
instructor on site. 

(4) Classroom instruction shall include the opportunity 
for demonstration and practice of skills. 

(5) Supervised practical experience shall be conducted in 
a licensed adult care home or in a facility or 
laboratory setting comparable to the work setting in 
which the trainee will be performing or supervising 
the personal care skills. 

(6) All skills shall be performed on humans except for 
intimate care skills, such as perineal and catheter care, 
which may be conducted on a mannequin. 

(7) There shall be no more than 10 trainees for each 
instructor for the supervised practical experience. 

(8) A written examination prepared by the instructor shall 
be used to evaluate the trainee s knowledge of the 
content portion of the classroom training. The trainee 
shall score at least 70 on the written examination. 
Oral testing shall be provided in the place of a written 
examination for trainees lacking reading or writing 
ability. 

(9) The trainee shall satisfactorily perform all of the 
personal care skills specified in Rule .201 1(h) and the 
skills specified in Rule .2001(1) of this Section for the 
26" 25-hour training and in Rule .201 1(h), and (i) and 
£[] of this Section for the 75= 8(> hour training. The 
instructor shall use a skills performance checklist for 
this competency evaluation that includes, at least, all 
those skills specified in Rule Rules .2011(h) and 
■201 l(i) of this Section for the 20= 25^ hour training 
and all those skills specified in Role Rules .201 1(h), 
and (i) and (j) of this Section for the 75= 80;: hour 
training. Satisfactory performance of the personal 
care skills and interpersonal and behavioral 
intervention skills means that the trainee performed 
the skill unassisted; explained the procedure to the 
resident; explained to the instructor, prior to or after 
the procedure, what was being done and why it was 
being done in that way; and incorporated the 
principles of good body mechanics, medical asepsis 
and resident safety and privacy. 

(10) The training provider shall issue to all trainees who 

successfully complete the training a certificate, signed 

by the registered nurse who conducted the skills 

competency evaluation, stating that the trainee 

successfully completed the 20 or 75-hour training. 

The trainee's name shall be on the certificate. The 

training provider shall maintain copies of the 

certificates and the skills evaluation checklists for a 

minimum of tlve years. 

(d) An individual, agency or organization seeking to provide 

the 26 25 or 75= 80- hour training specified in Rule .201 1 of this 

Section shall submit the following information to the Group 

Care Licensure Section of the Division of Facility Services: 



(1) an application which is available at no charge by 
contacting the Division of Facility Services, Group 
Care Licensure Section, Pos t Office Box 29530 , 2708 
Mail Service Center, Raleigh, North Carolina 27626= 
6536 27626-2708 ; 

(2) a statement of training program philosophy; 

(3) a statement of training program objectives for each 
content area; 

(4) a curriculum outline with specific hours for each 
content area; 

(5) teaching methodologies, a list of texts or other 
instructional materials and a copy of the written exam 
or testing instrument with an established passing 
grade; 

(6) a list of equipment and supplies to be used in the 
training; 

(7) procedures or steps to be completed in the 
performance of the personal care and basic nursing 
skills; 

(8) sites for classroom and supervised practical 
experience, including the specific settings or rooms 
within each site; 

(9) resumes of all instructors and the program 
coordinator, including current RN certificate numbers 
as applicable; 

(10) policy statements that address the role of the 
registered nurse, instructor to trainee ratio for the 
supervised practical experience, retention of trainee 
records and attendance requirements; 

(11) a skills performance checklist as specified in 
Subparagraph (c)(9) of this Rule; and 

(12) a certificate of successful completion of the training 
program. 

(e) The following requirements shall apply to the competency 
evaluation for purposes of exempting adult care home staff from 
the 26 25 or ?5= 80;hour training as required in Rule .201 1 of 
this Section: 

(1) The competency evaluation for purposes of 
exempting adult care home staff from the 26 25 and 
95= 80; hour training shall consist of the satisfactory 
performance of personal care skills and interpersonal 
and behavioral intervention skills according to the 
requirement in Subparagraph (c)(9) of this Rule. 

(2) Any person who conducts the competency evaluation 
for exemption from the 26 20 or 75 80-hour training 
shall be a registered nurse with the same 
qualifications specified in Subparagraph (c)(1) of this 
Rule. 

(3) The competency evaluation shall be conducted in a 
licensed adult care home or in a facility or laboratory 
setting comparable to the work setting in which the 
participant will be performing or supervising the 
personal care skills. 

(4) All skills being evaluated shall be performed on hum 
ns except for intimate care skills such as perineal and 
catheter a care, which may be performed on a 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



nil 



PROPOSED RULES 



mannequin. 

(5 ) The person being competency evaluated in the setting 
of the person's employment shall not be considered on 
duty and counted in the staff-to-resident ratio. 

(6) An individual, agency or organization seeking to 
provide the competency evaluation for training 
exemption purposes shall complete an application 
available at no charge from the Division of Facility 
Services, Group Care Licensure Section, Post Office 
Box 29530, Raleigh, North Carolina 27626-0530 and 
submit it to the Group Care Licensure Section along 
with the following information: 

(A) resume of the person performing the 
competency evaluation, including the current 
RN certificate number; 

(B) a certificate, with the signature of the 
evaluating registered nurse and the participants 
name, to be issued to the person successfully 
completing the competency evaluation; 

(C) procedures or steps to be completed in the 
performance of the personal care and basic 
nursing skills; 

(D) a skills performance checklist as specified in 
Subparagraph (c)(9) of this Rule; 

(E) a site for the competency evaluation; and 

(F) a list of equipment, materials and supplies. 

Authoiin- G.S. I3ID-2; 13ID-4.3; 131D-4.5; 143B-153; S.L. 
99-0334. 

.2013 QUALIFICATIONS OF MEDICATION AIDES 
AND THEIR SUPERVISORS 

(a) Effective February 15. 2000. staff who administer 
medications, hereafter referred to as medication aides, and staff 
who directly supervise the administration of medications shall 
have documentation of successfully completing the clinical skills 
validation pcirtion of the competency eyaluation according to 
Paragraph (d) and (e) of Rule .2014 of thjs Section prior to the 
administration or supervision of the administration of 
medications. Medication aides shall also meet the staff training 
and competency requirements according to Rule 42C .201 1 of 
this Section. Persons authorized by state occupational licensure 
laws to administer medications are exempt from this 
requirement. 

(b) Effective July 1, 2000, medication aides and their direct 
supervisors, excep t persons authorized by state occupational 
licensure laws to administer medications, shall successfully pass 
the written examination within 90 days after successful 
c ompletion of the clinical skills validation portion of a 
competency evaluation according to Rule .2014 of this Section. 
Medication aides shall also meet the staff training and 
competency requirements according to Rule .201 1 of this 
Section. 

(c) Medication aides and their direct supervisors, except 
persons authorized by state occupational licensure laws to 
administer medications, shall complete eight hours of state 
approved continuing education annually in medication 



administration. 

(d) Effective July J_, 2000, persons taking the competency 
evaluation for medication administration shall be a high school 
graduate or certified under the G.E.D. program or shall have 
passed an alternative examination established by the 
Department. 

(e) Training and competency validation of any unlicensed 
person who is to administer insulin shall be according to Rule 
.3703 of this Subchapter. Effective January 1 , 2000, the training 
shall also be required for any unlicensed person who is to 
administer insulin. 

Authority G.S. I3ID-2; I3ID-4.5: 143B-165; S.L.99-0334. 

.2014 MEDICATION ADMINISTRATION 
COMPETENCY EVALUATION 

(a) The competency evaluation for medication administration 
shall be conducted according to guidelines established by the 
Department and shall consist of a written examination and a 
clinical skills evaluation. The guidelines will be available at no 
charge by contacting the Division of Facility Services, Group 
Care Licensure Section, 2708 Mail Service Center, Raleigh, NC 
27699-2708. 



(b) An individual shall score at least 90% on the written 
examination which shall be a standardized examination 
established by the Department. 

(c) A certificate of successful completion of the written 
examination shall be issued to each participant successfully 
completing the examination. A copy of the certificate shall be 
maintained and available for review in the facility. The 
certificate is transferable from one facility to another as proof of 
successful completion of the written examination. 

(d) The clinical skills validation portion of the competency 
evaluation shall be conducted by a registered nurse or a 
registered pharmacist consistent with their occupational 
licensing laws and who has a current unencumbered license in 
North Carolina. This validation shall be completed for those 
medication administration tasks to be performed in the facility. 
Competency validation by a registered nurse is required for 
unlicensed staff who perform any of the personal care tasks 
related to medication administration specified in regulation Rule 
.3703 of this Subchapter. 

(e) The Medication Administration Skills Validation Form 
shall be used to document successful completion of the clinical 
skills validation portion of the competency evaluation for those 
medication administration tasks to be performed in the facility 
employing the medication aide. Copies of this form may be 
obtained at no cost by contacting the Group Care Licensur e 
Section, Division of Facility Services, 2708 Mail Service Center. 
Raleigh, NC 27699-2708. The completed form shall be 
maintained and available for review in the facility and is not 
transferable from one facility to another. 

Authority G.S. 131D-2: 131D-4.5: 143B-165: S.L.99-0334. 

.2015 HEALTH CARE PERSONNEL REGISTRY 

The facility shall comply with G.S. 13 lE-256 and supporting 



1112 



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14:13 



PROPOSED RULES 



10 NCAC 3B .1001 and. 1002. 

G.S. 131D-2; G.S. 131D-4.5; 131E-256: 143B-165; S.L. 99- 
0334. 

SECTION .2200 - ARRANGEMENT AND SIZE OF 
ROOMS 

.2207 STORAGE AREAS 

(a) Storage areas must be adequate in size and number for 
separate storage of clean linens, soiled linens, food and food 
service supplies, and household supplies and equipment. 

(b) There must be separate locked areas for storing cleaning 
agents, bleaches, pesticides, and other substances which may be 
hazardous if ingested, inhaled or handled. Cleaning supplies 
must be supervised while in use. 

(c) The following shall apply to the sto r age of d r ugs : 

tfi All drugs (p r escription and non-prescription drugs, 

including topical preparations) must be stored in a 
locked cabinet or closet that is ventilated at the rate o f 
t wo cubic feet p e r minute fo r e ach squa r e foot of tloo r 
ar ea and is lighted to provid e 30 foot ca n dles of lig h t 
at floor l e vel and is lo cate d other than i n th e 
bathroom, kitchen or laund r y a r eas; 

(2) Tills locked cabinet or closet must be large enough to 

s to r e all d r ugs in an o r de r ly ma nner . Divide r s a r e to 
be i nstalled o r containe r s pr ov i ded in the cab i net or 
closet to separate each resident's d r ugs with proper 
labeling for each resident; 

(fVI Drugs for external use must be sto r ed in a d e signa t ed 

area separate from internal drugs; 

{A) Drugs requi r ing r efrigerat i on must be sto r ed in a 

separate locked box in the refrigerator or in a lockable 
drug-only refrigerator, capable of maintaining a 
temperatu r e ra n ge of 36 deg r ees V (2 deg r ees C) to 46 

i:5) Fi r st aid sup p lies must be immed i ately availabl e and 

stored separately in a secure and orderly ma n ner, out 
of the sight of residents and the general p ub lic; a n d 

ifi) Drugs may b e s t o r ed in the r esident's room for his 



roval and 



self-adminis t ra ti on upon the written apprc 
instructio n s of the p r esc r iber. Tlie home must take 
re aso n able p r ecautions to assu r e t h at they a r e sto re d 
a nd ma i ntained in a safe and secu r e manne r to p r o te c t 
against — contamination, — spi llag e, — miside ntit y — and 
pilfe r age. — I n establishing a means for safe sto r age 



with the resident a n d th e 



iber, t he home must 



sioen t ana tne prescr ic 
take into account the status of the res i dents a n d oth er s 
living in the home, the degree to which the resident 
needs immediate access to the drug, and the potential 
harm of the d r ug should it be misused. 



Authority G.S. 131D-2: 131D-4.5: 143B-I53; S.L. 99-0334. 

.2214 BUILDING SERVICE EQUIPMENT 

(a) The building and all fire safety, electrical, mechanical, and 



plumbing equipment must be maintained in a safe and operating 
condition. 

(b) There must be an approved central heating system 
sufficient to maintain 75 degrees F (24 degrees C) under winter 
design conditions. Built-in electric heaters, if used, must be 
installed or protected so as to avoid hazards to residents and 
room furnishings. Unvented fuel burning room heaters and 
portable electric heaters are prohibited. 

(c) Air conditioning or at least one fan per resident bedroom 
and living and dining areas must be provided when the 
temperature in the main center corridor exceeds 88 80 degrees 
F (fH- 26J degrees C). 

(d) The hot water tank must be of such size to provide an 
adequate supply of hot water to the kitchen, bathrooms, and 
laundry. The hot water temperature at all fixtures used by 
residents must be maintained at a minimum of 1 00 degrees F (38 
degrees C) and must not exceed 1 1 6 degrees F (46.7 degrees C). 

(e) All resident areas must be well lighted for the safety and 
comfort of the residents. The minimum lighting required is: 

( 1 ) 30 foot-candle power for reading; 

(2) 10 foot-candle power for general lighting; and 

(3) 1 foot-candle power at the floor for corridors at night. 

(f) Where the bedroom of the live-in staff is located in a 
separate area from residents' bedrooms, an electrically operated 
sounding device must be provided connecting each resident 
bedroom to the live-in staff bedroom. The resident call 
switches, must be such that they can be activated with a single 
action and remain on until switched off by staff TTie call switch 
must be within reach of resident lying on his bed. 

Authority G.S. I31D-2: 143B-I53: S.L 99-0334. 

SECTION .2300 - SERVICES 

.2302 HEALTH CARE 

(a) The administrator is responsible for providing occasional 
or incidental medical care, such as providing therapeutic diets, 
rotating positions of residents confined to bed, and applying heat 
pads. 

(b) The resident or his responsible person is to be allowed to 
choose a physician to attend to him. 

(c) Immediate arrangements must be made by the 
administrator with the resident or his responsible person for the 
resident to secure another physician when he cannot remain 
under the care of his own physician. The name, address and 
telephone number of the resident's physician is to be recorded on 
the Resident Register. 

(d) If a resident is hospitalized, a completed FL-2 or patient 
transfer form must be obtained before the resident can be 
readmitted to the facility. 

(e) Between annual medical examinations there may be a 
need for a physician's care. The resident's health services record 
is to be used by the physician to report any drugs prescribed and 
any treatment given or recommended for minor illnesses. 

(f) All contacts (office, home or telephone) with the resident's 
physician are to be recorded on the resident's health services 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1113 



PROPOSED RULES 



record which is to be retained in the resident's record in the 
home. The physician's orders shall be included in the resident's 
health services record including telephone orders initialed by 
staff and signed by the physician within \5 36 days from the 
date the order is given. 

(g) The use of a physical restraint refers to the application of 
a mechanical device to a person to limit movement for 
therapeutic or protective reasons, excluding siderails for safety 
reasons. Residents shall be physically restrained only as 
provided for in the Declaration of Residents' Rights, G.S. 131D- 
21(5), and in accordance with the following: 

(1) The use of physical restraints is allowed only with a 
written order from a licensed physician. If the order 
is obtained from a physician other than the resident's 
attending physician, the attending physician shall be 
notified of the order within seven days. 

(2) In emergency situations the administrator or 
supervisor-in-charge shall make the determination 
relative to necessity for the type and duration of the 
physical restraint to use until a physician is contacted. 
Contact shall be made within 24 hours. 

(3) The physician shall specify in the restraint order the 
medical need for the physical restraint, the type to be 
used, the period of time it is to be used, and the time 
intervals it is to be checked, loosened, or removed. 

(4) The current order for the physical restraint shall be on 
or attached to Form FL-2 or Form MR-2 (upon 
entering the home) or the Report of Health Services to 
Residents Form, or approved equivalent (for 
subsequent orders). 

(5) The physician ordering the physical restraint shall 
update the restraint order at a minimum of every six 
months. 

(6) If the resident's physician changes after admission to 
the home, the physician who is to attend the resident 
shall update and sign the existing restraint order. 

(h) The administrator must have specific written instructions 
recorded as to what to do in case of sudden illness, accident, or 
death of a resident. 

(i) There must be an adequate supply of first aid supplies 
available in the home for immediate use. 

(j) The administrator must make arrangements with the 
resident, his responsible person, the county department of social 
services or other appropriate party for appropriate health care as 
needed to enable the resident to be in the best possible health 
condition. 

Authority G.S. 1310-2; 143B-153: 143B-165: S.L 99-0334. 

SECTION .2500 - DISCHARGE POLICIES 

.2501 OTHER LIVING ARRANGEMENTS 

Tlie administrato r mu s t discuss with the resident and his 
re s p o n s i ble p e rson the n e ed to make other plans fo r the resident 
when: 

(+) Th e resident's physician ind i cates the r esident's 

condition has improved to the point he can live 



outside — a — domiciliary — facility — with — family — or 
c ommunity su pp ort se r vices; 

(2j Tl i e resident's physician ce r tifies tha t the resident 

needs professional nu r sing care or intermediate caie 
unde r medical supervision. In this situation, plans for 
o the r p lacement mus t be made as soon as possible and 
the county department of social services will assist the 
administrato r or r esident in making ar r angements for 
necessary care when requested; 

t9r) Tlie r esident's co n dition is such that he is a dange r to 

himself or poses a direc t threat to the health or safety 
of others; 

(4) Tlie resident makes a w r itten r equest o r othe r wise 

indicates an earnest desire to transfer to ano t her 
licensed home; and 

(51 The — resident's — adjustment — to — the — home — is — not 

sa t isfacto r y as detei mined by the administrator and 
the resident or his r esponsible person. Th i s is only to 
be done after a reasonable period of time during 
which the resident was provided help with adjusting 

to th e ho me. h — is the responsibil i t y of the 

administra t or to contact the resident's responsible 
person and the cou n ty de p art m e n t o f social services 
and r equest assistance to help the r esident in 
adjusting. — Tl i is request is to be made at the first 
indication of an adjustmen t problem. 

Authority- S.L. 99-0334: G.S. I31D-2: I31D-4.5: 143B-153. 



.2505 REQUIREMENTS FOR DISCHARGE OR 
TRANSFER 

(a) When a discha r ge o r transfer is initiated by the home, the 
administrator — most — provide — the — r esident. — his — family — or 
re s p o n sible pe r so n and the county departme n t of social services 
with two weeks ( 14 days) advance w r itt e n notification citing the 
re ason fo r the discharge or transfer. 

(b) When a discharge or t r ansfe r is initiated by the resident o r 
his responsible pe r son, the resident or his responsible person is 
to provide the admi n is tr ator with two weeks (14 days) advance 
w ri tt en notificatio n. 

(c) Exceptions to the requi r ed notice are cases where a d ela y 
in disc h arge or transfer would jeopardize the health or sa fe ty o f 
the r esident or othe r s in the home. 



rohibited if 



(d) The discharge or transfe r of any resident is prom t 
i t would violate the rules of this Subchapter or the Domicilia r y 
Home Residents' Dill of Rights. Gene r al Statute 1310-21 . 

(e) The date of the discha r ge or transfer and the reason for the 
move are to be r ecorded o n the Form DSS-1865, the Resident 
Register. 

Authority G.S. 131D-2: 131D-4.5: 1438-153; S.L. 99-0334. 

.2506 DISCHARGE OR TRANSFER OF RESIDENTS 

(a) A facility shall not initiate and carrv out the discharge or 
transfer of residents except under conditions specified in this 
Rule. Discharge or transfer involves termination of residency in 
a facility and taking action to have the resident moved from the 



1114 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



PROPOSED RULES 



facility. The discharge or transfer of a resident by a facility shall 
meet the following conditions: 

( 1 ) the discharge or transfer is necessary for the resident's 
welfare because the resident'sneeds cannot be met in 
the facility; 

(2) the discharge or transfer is appropriate because the 
resident's health has improved sufficiently so the 
resident no longer needs the services provided by the 
facility; 

(3) the resident's condition is such that he is a danger to 
himself or poses a direct threat to the health or safety 
of others; 
the safety of individuals 



15] 

m 



otherwise be endangered; 



in the facility would 

the health of individuals in the facility would 

otherwise be endangered; 

the resident or responsible person has failed to pay the 

costs of services and accommodations according to 

the resident contract; 

the transfer or discharge is mandated under state law; 



(8) the facility ceases to operate. 

(b) If a facility discharges or transfers a resident, the reason 
for discharge or transfer shall be documented m the resident's 
record. Documentation shall include, but not be limited to. 
documentation by the resident's physician if discharge or 
transfer is necessary under conditions specified in subparagraph 
(a)(l)-(a)(3) of this Rule or a physician if discharge or transfer 
is necessary under the condition specified in subparagraph (a)(5) 
of this Rule. 

(c) At least thirty days before discharging or transferring a 
resident, the following steps shall be taken: 

(1) The facility shall notify the resident verbally and in 
writing and the responsible person or contact person 
in writing of the facility's decision to discharge or 
transfer the resident. The Adult Care Home Notice 
of Transfer/Discharge form shall serve as the written 
notice of discharge or transfer and be completed by 
the facility and given to the resident on the same day 
it is dated. A copy of this notice shall be mailed or 
sent by facsimile to the responsible person or contact 
person on the same day it is dated. Failure to use and 
complete this specific form shall invalidate the notice 
of discharge or transfer. This form may be obtained 
at no cost from the Division of Medical Assistance. 
2505 Mail Service Center. Raleigh. NC 27699-2505. 

(2) The facility shall notify the resident verbally and in 
writing and the responsible person or contact person 
in writing of the resident's right to appeal the facility's 
action of discharge or transfer to the Division of 
Medical Assistance. The Adult Care Home Hearing 
Request Form shall be given to the resident and a 
copy mailed or sent by facsimile to the responsible 
person or contact person simultaneously with the 
Adult Care Home Notice of Transfer/Discharge form 
as written notice of the right to appeal the facility's 



action. Failure to include this specific form with the 
Adult Care Home Notice of Discharge/Transfer form 
shall invalidate the notice of discharge or transfer. 
The Hearing Request Form may be obtained at no 
cost from the Division of Medical Assistance. P.O. 
Box 29529. Raleigh. NC 27626-0529. 

(3) In cases where the resident has been adjudicated 
incompetent, the Adult Care Home Notice of 
Transfer/Discharge form and the Adult Care Home 
Hearing Request Form shall be mailed or sent by 
facsimile to the resident's legal representative on the 
same day they are dated. 

(4) The facility shall maintain a copy of the completed 
Adult Care Home Notice of Transfer/Discharge form 
and Adult Care Home Hearing Form in the resident's 
record. 

(d) Exceptions to the 30-day notice of discharge or transfer 
required in Paragraph (c) of this Rule are cases iii which: 

(1 ) a delay in discharge or transfer would jeopardize the 
health or safety of the resident or others in the home 
as documented according to Paragraph (b) of this 
Rule; or 

(2) the resident'scondition improves sufficiently to allow 
for a more immediate discharge or transfer as 
documented by a physician. 

(e) The facility shall assist residents in the discharge or 
transfer process to ensure safe and orderly discharge or transfer 
from the facility. 

(0 Except in cases specified in Paragraph (d) of this Rule, the 
resident or the resident's responsible person may initiate an 
appeal of a facility'sintent to discharge or transfer the resident 
by submitting a written request for a hearing to the Hearing Unit 
which is the Chief Hearing Officer and the Chief Hearing 
Officer's staff in the Division of Medical Assistance of the 
Department of Health and Human Services. The request for a 
hearing shall be submitted by mail, facsimile or hand delivery 
and must he received by the Hearing Unit within 1 1 calendar 
days from the date of the facility's notice of discharge or 
transfer. If the eleventh day falls on a Saturday. Sunday or legal 
holiday, the period during which an appeal may be requested 
shall run until the end of the next day which is not a Saturday. 
Sunday or legal holiday. The resident shall not be discharged 
or transferred before the final decision resulting from the appeal 
has been rendered. 

(o] If an appeal hearing is requested, the following shall 
apply: 

(1) Upon timely receipt of a request for a hearing 
according to Paragraph (h) of this Rule, the Hearing 
Unit shall promptly notify the facility in writing of the 
request. 

(2) The facility, the resident and the resident' sresponsible 
person or contact person shall be notified by the 
Hearing Unit of the date, time and place of the 
hearing. If the hearing is to be conducted in person. 
it shall be held in Raleigh. North Carolina. The 
hearing may also be conducted by telephone as 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1115 



PROPOSED RULES 






lei 



indicated on the Hearing Request Form. 

(3) The facihty administrator shall assure that all 
documents and records to be used at the hearing are 
received by the resident and responsible person or 
contact person and the Hearing Unit at least five 
working days prior to the scheduled hearing. 

(4) The Hearing Officer, who is the person designated to 
preside over hearings between residents and adult care 
home providers regarding discharges and transfers, 
may: 

grant continuances; 

dismiss a request for a hearing if the resident or 
the resident's responsible person or whoever 
the resident has designated to represent him 
fails to appear at a scheduled hearing; or 
proceed to conduct a scheduled hearing if a 
facility representative fails to appear at a 
scheduled hearing. 

(5) The Rules of Civil Procedure as contained in G.S. 
lA-1 and the General Rules of Practice for the 
Superior and District Courts as authorized by G.S. 
7A-34 and found in the Rules Volume of the North 
Carolina General Statutes shall not a pply in any 
hearings held by a Division hearing officer unless 
another specific statute or rule provides otherwise. 
Division hearings are not hearings within the meaning 
of G.S. 150B and shall not be governed by the 
provisions of that Chapter unless otherwise stated in 
these Rules. Parties may be represented by counsel or 
other representative at the hearing. 

(6) The Hearing Officer's final decision shall uphold or 
reverse the facility's decision. Copies of the final 
decision shall be mailed by certified mail to the 
facility and the resident and the resident 'sresponsible 
person. 

(h) If a discharge or transfer is initiated by the resident or 
responsible person, the administrator may require up to a 1 4-day 
written notice from the resident or responsible person prior to 
the resident leaving the facility. Exceptions to the required 
notice are cases in which a delay in discharge or transfer would 
jeopardize the health or safety of the resident or others in the 
facility. The facility'srequirement for a notice from the resident 
or responsible person shall be established in the facility's 
resident contract or house rules provided to tlie resident or 
responsible person according to Rule .2405 of tlm Subchapter. 

Authoiin- G.S. 1310-2:1430-4.5: 143B-165: S.L 99-0334. 

SECTION .2700 - MEDICAL POLICIES 

.2703 MANAGEMENT OF DRUGS 



t+t- 



Definitions. — To assure uniform undeislanding of 
th e s e r equi r eme n ts, definitions in the North Carolina 



Phan 



Practice Ac t . General Statute 90-85.3. 



The — admi n istrato r — rs — r esponsi 
implementing p r ocedures for 



trie — for — establishing — and 
f dings by 



home that are in acco r dance with the requirements p r esented i n 
this Section. Tlie adm i nist r ato r must consul t wi t h a pharmacist, 
physician, p ublic health nu r se, or othe r registered nurse in 
e stab l ishing these procedures. 



rmacy rractice Ac t . uenerc 

effective July 1. 1982, are adopted by reference 

according to General Statut e 150D-14(c). 
{2) Dispensing of Drugs. 

(al D r ugs are to be obtained only on the written 

o r de r or p r escript i on of a pr actit i one r licensed 
by law to presc r ibe drugs in t his state; 

th) Tlies e signed practitioner's orders must be 

maintained in the facility; 

(c) Verbal orders must be countersigned by t he 

p r escribe r ; 

(&j Dispensing of dmgs is restricted t o re giste r ed 

pliai ui a c ists o r other health c ar e p r actitio ner s 
that are approved by the No r th Carolina Board 
of Pliai i uacy. — Repackaging of medica t ions, 
such as for tempo r ary leave, is an act of 
dispensing; 

(e) Tl ie administ r ato r m ust ar r ange fo r emergency 

p harmaceutical services; a n d 

(f) Domicil i a r y ho m es shall n o t be pe rm it t ed t o 

possess a stock of prescription legend drugs for 
gene r al o r common us e . 

Labeling of Dmgs. 



&r 



ts) on-prescription — drugs — rrmst — bear — the 

manufactu r e r 's label — with ex p iration dates 

clearly visible ; 
tb) Tlie container label of each p r esc r iption drug 

must include the following iiifoinution: 
ti) — the resident ide nt ified clearly by name; 

fir) — the name of the prescribing p r actitione r ; 

im) — the most recen t date of issuance ; 

trr) — the directions for use clearly sta t ed and 
not abb r eviat e d. Whe n the presc r iber's 
directions change or the label be c omes 
illegible, the co n taine r m ust be relabeled 
at the refilling of the drug and not 
longer than 60 days; 

iyj — the ser i al numbe r of a p r esc r iption; 

fvr) the name of the drug as prescribed. If 

gene r ic equivale n t drugs are dispensed, 
t he ge n eric name is to appea r on the 

1 r,K.^l ■ 

laoei; 
iynj — th e stre ngth of the drug ; 
(viii) — the quantity of the d r ug; 
trx) — the — name; — address, — and — telephone 

n umbe r of the pharmacy: 
(x) — the name of the dispensing practitioner; 

and 
(xi) — the expi r ation date and other auxiliary 
statem e nts as required of the drug and 
as detei mined by the pharmacis t . 

f4) Administration of Drugs. 

(a) D r ugs. — including — both — p rescription — and 

non-prescription — drugs. — shall — rtcrt — be 
administered to any res i dent unless prior 



1116 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



PROPOSED RULES 



a utl io i ization has been obtained fioin a person 
autho r ized by law to prescribe drugs in the 
Sta t e. — D r ugs — shaH — be — administered — as 
presc r ibed. 

(b) — The — administrator — rmtst — assu r e — that — orrty 
persons au t horized in wr i ting by a phys ici a n, 
r e gistered nurse, family nurse practitioner, or 
p hysician's — assistant — gWe — injections. 
Registered nurses and licensed practical nu r s es 
ar e autho r ized to give inj e ctions in accordance 
w ith th e pr ovisions of th e Nursing P r actice Act 
a n d n o f u r the r auth or ization is required. 

(c) Specific directions for th e qua n tity to be 

administered, frequency of use. du r atio n o f 
therapy, and route of administ r ation must be 
clear ly ind i cated by the p r escribe r for all drugs 
to be administered. These orders are to be on 
o r attached to the FL-2 o r MR-2 upon ente r ing 
th e home, o r t h e DSS-18 (j 7 o r t he equivalen t 

(d) Drugs shall be self-administered only when 

ordered by the resident's physician . 

(e) — When self-administration has not been ordered, 
s t aff who give drugs to reside n ts must b e 
co m p e ten t — and — trained — to — p r e p a re — and 
adminis ter m edications. The administ r ator is 
responsible for deteimining staff capability and 



fhich mus t 



assuring the provision or training wnict 
at least consist of demo n st r at e d ab i lity to apply 
t hese Rules i n this Section a n d the home's drug 
ad m inistration procedures. 

(f) Tli e desig n ated staff p e r son giving the d r ug 

must ob.serve th e r es i den t actually t aki n g the 
d r ug and must follow any laws a n d regulat i ons 
gove r ning such acts. 

tg) Recording — of — any — administration — rrrtist 

pr omptly follow the di re ct a p pl ic ation of th e 
drug l o t he body of the resident by i n jection, 
i nhalation, — ingestion, — or — other — m ea n s. 
P r echarting is prohib i ted. 

(b) Medication Administration Record (MAR) of 

all drugs given to each resident must be ke pt 
current, — r eco r ded — befo r e the — next r outine 
admi n istration — (Example — = — 8 — arrrtr 
administration recorded prior to — 1 2 noon 
administ r ation), indicating each dose given and 
is t o include the following : 
ix) — r es i de n t's n a m e ; 

tn) — name, strength, a n d quantity of t he d r ug; 
(rtr) — instructions for giving d r ug ; 

(rr) date a n d t i me d r ug is administe r ed; and 

(v) — name or i n it i als of person giving the 

drug: — If initials a r e used, a signature 

equ i vale n t to those initials is to be 

entered on this record; 

ix) — Drug administration errors and drug reactions 



mtist — be — r e p orted — imm ed i a t el y — to — the 
pr act i t i one r who ordered th e d r ug. An entry of 



the dri 



:tion must be 



r ug given and the d r ug r e ac t 
properly recorded i n t he d r ug reco r d. — A 
r es i dent's re fu s al of a drug must be cha r ted . 

tj) Oral solid d r ugs that are o r d er ed for rou t ine 

administration — mttst — be — pr epared — for 
admi n ist r ation — vsrrthtn — 24 — hou r s — of — the 



ibed 



-The 



pr esc r i b ed — time — for admi n is t ra t ion, 
administrator must designate appropriately 
trained staff to be responsible for preparing the 
drugs for administration. — PRN (as needed) 
drugs are not to be p r e pare d in adva n ce. 

tk) If drugs are pr epared for adminis tr ation i n 

advance, the following procedu r es m u st b e 
used to keep the drugs id en tified up to th e 
point of administration and pro t ec t them from 
contamination and s p illage : 

(i) AH — drags — prepared — for — subsequent 

administ r ation are to be kept enclosed in 
a — sealed o r capped co n taine r u n til 
administered. A separate co nt a i ne r is to 
be used for each resid e nt a n d ea ch 
pla n n e d admi n istration of the drugs; 
trr) — The container is to be labeled with the 
re sident's name ; 



(ttf) All containers for a single plan n ed 

administration are to be placed together 
on a sepa r ate tray o r othe r dev i ce tha t 
kee p s — each — p lanned — administration 
sepa r a te; 

(tv) — Each tray or other device is to be 
labeled clearly indicating the planned 
t ime fo r adminis tr a t io n; 

tvj Trays or other devices a r e to be locked 

in the separate drug storage cabinet or 
closet to which only autho ri zed persons 
have access; and 
(+1 Liquid d r ugs m ust be pou r ed immediately 

befo r e administratio n . 

(5i Review of D r ugs. The administrator is responsible 

fo r obtai n i n g a r eview of each residen t 's drug regimen 



at least ( 



six months. A r eside n t's drug regimen 



: every six montns. a r eside n t s i 
is all drugs, both prescrip t ion and non-prescription, 
PRN and routine, which the r eside nt has been taking. 
It also includes vitamins and nutritional su p plements. 



The- 



if the drug regimen review is to 



m ain pur p ose oi tne drug regimen review is 
ensu r e that the r esident's use of d r ugs is rational. Tlie 



review als 



^ ' hether the home is 



ISO IS to determine wi 
complying with the orde r s of the residen t 's physician 
regarding the management of d r ugs. The review is to 
be perfoi ii ied by a pliain i acist, physician, public 



health 



rser 



-The 



nurse, — or other registered — rrars 
administ r ato r must assure that the r esident's physician 
is informed of t h e results of the review when med i cal 
intervention is indicated. — Tlie Eorm EL-2, MR-2, 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1117 



PROPOSED RULES 



(^ 



Foim DSS- 1 867 or the equivalent is to be maintained 

by — the — facilit y — to — record — these — findings, 

recommendatio n s and correc t ive action. 
ifir) S t orage of Drugs. — For requirements on s t orage of 

drugs, see Rule .2207 of this Subchapter. 

Disposing of D r ugs . 

ts) When a resident leaves the home, his drugs are 

to be given to him, his family, the person 
r e sp onsible fo r m aking the placement or 
returned to a registered pharmacist; and 

fb) If drugs are discont i nued or outdated, or upon 

t he deat h of a resident, his d r ugs must be 
relumed to an app r oved dispensing pr ac ti t ioner 
or registered pliaiiuacist l i censed to practice i n 
this state fo r documented destruction according 
to — ctirrcTrt — fede r al — and — state — laws , — with 
cor r esponding records — ma i ntained — by — the 
administ r ator. 



Authority G.S. 131D-2; 13ID-4.5; I43B-I53: S.L 99-0034. 
SECTION .3400 - LICENSING INFORMATION 

.3401 THE LICENSE 

(a) The lic en se shall be issued by the Division of Facility 
Services based on review of compliance history acco r ding to 
Rule. 3902 of this Subchapte r and when min i mum requirements 
for l i cens i ng have been met under the rules of this Subchapte r . 
Except as otherwise provided in Rule .3902 of this Subchapter, 
the Department shall issue an adult care home license to any 
person who submits an application on the forms provided by the 
Department it' the Department determines that the applicant 
complies with the provisions of all applicable State adult care 
home licensure statutes and rules. All applications for a new 
license shall disclose the names of individuals who are co- 
owners, partners or shareholders holding an ownership or 
controlling interest of 5% or more of the applicant entity. The 
li ce ns e shall be conspicuously posted i n a public place in the 
home. 

(b) The license shall be conspicuously posted in a public 
place in the home. 

(c) The license shall be in effect for 1 2 months from the date 
of issuance unless revoked for cause, voluntarily or involuntarily 
terminated, or changed to provisional licensure status. 

(d) A provisional license may be issued in accordance with 
G.S. 13ID-2(b). 

(e) When a provisional license is issued, the administrator 
shall post the provisional license and a copy of the notice from 
the Division of Facility Services identifying the reasons for it, in 
place of the full license. 

Authority 131D-2: I31D-4.5; 143B-153; S.L. 99-0113. 

.3402 RENEWAL OF LICENSE 

(a) The license wrH shall be renewed annually, except as 
otherwise provided in Rule .3903 ot' this Subchapter, based on 
r eview of compliance history acco r ding to Rule .3903 of this 



Subchapter, and on evidence that: if the licensee submits an 
application for renewal on the forms provided by the 
Department and the Department determines that the licensee 
complies with the provisions of all applicable State adult care 
home licensure statutes and rules. 

t+1 Tlie rules of this Subchapter are being maintained. 
When violations of these licensure rules or statutes 
are documented and have not been corrected prior to 
expiration of license, the Division of Facili t y Services 
Department may approve a continuation or extension 
of a plan of correction, or may issue a provisional 
license or revoke the license for cause. 
(2) — Th e f oll owing r e p orts have been submitt e d to the 
county depaitment of social services within each 
12-month period which will forward them to the 
Division of Facility Se r vices: 

tAi Documentation — of — necessary — tests — for 

tube r culosis ; 

(B) Record of continuing education credits for each 

administrator and su p e r viso r -in-c h a r ge; 

te) DSS-6191 or DSS- 1451 (F ir e and Building 

Safety Inspection Repori); 

fDl DHS-2094 (Sanitation Report.) ; and 

(E) DSS- 1871 — (Annual — Recomme n datio n — for 

Renewal of License). — Tliis form is to be 

submitted by the county department of social 

se r v i c e s at le a st 45 days in advance of the 

expiration date of the license, with a copy to 

the adm ini st r ato r . 

(b) If the Division of Facility Services has not received the 

DSS- 187 1 a n d t he other required licensing materials listed in 

Subpa r agraph (a)(2) of this Rule by the expiration date, the 

li cense will expir e . 

(b) All applications for license renewal shall disclose the 
names of individuals who are co-owners, partners or 
shareholders holding an ownership or controlling interest of 5% 
or more of the applicant entity. 

Authority- G.S. 131D-2; 131D-4.5: 143B-153; S.L. 99-0334. 



SECTION .3700 



RESIDENT ASSESSMENT AND 
CARE 



.3701 RESIDENT ASSESSMENT 

(a) The facility shall assure that an assessment of each 
resident is completed within 30 calenda r days f r om the date of 
admissi on 72 hours of admitting the resident and annually 
thereafter using an assessment instrument approved by the 
Department. The Resident Assessment Instrument, as modified 
by the Department, shall be the approved assessment instrument. 
For the purposes of this Subchapter, the assessment is a 
functional assessment to determine a resident's level of 
functioning to include routines, preferences, needs, mood and 
psychosocial well-being, cognitive status and physical 
functioning in activities of daily living. Activities of daily living 
are personal functions essential for the health and well-being of 
the resident which are bathing, dressing, personal hygiene. 



1118 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



PROPOSED RULES 



ambulation or locomotion, transferring, toileting and eating. The 
assessment shall indicate if the resident requires referral to the 
resident's physician or other appropriate licensed health care 
professional or community resource. 

(b) The facility shall assure a reassessment of a resident is 
completed within 10 days of a significant change in the 
resident's condition. For the purposes of this Subchapter, 
reassessment is any assessment as defined in Paragraph (a) of 
this Rule other than the initial and annual assessments. 

(c) For the purposes of this Subchapter, significant change in 
the resident's condition is defined as follows: 

( 1 ) Significant change is one or more of the following: 

(A) deterioration in two or more actiyities of daily 
living; 

(B) change in ability to walk or transfer; 

(C) change in the ability to use one's hands to 
grasp small objects; 

(D) deterioration in behayior or mood to the point 
where daily problems arise or relationships 
have become problematic; 

(E) no response by the resident to the treatment for 
an identified problem; 

(F) initial onset of unplanned weight loss or gain 
of five percent of body weight within a 30-day 
period or 1 percent weight loss or gain within 
a six-month period; 

(G) threat to life such as stroke, heart condition, or 
metastatic cancer; 

(H) emergence of a pressure ulcer at Stage II or 

higher; 
(I) a new diagnosis of a condition likely to affect 
the resident's physical, mental, or psychosocial 
well-being over a prolonged period of time 
such as initial diagnosis of Alzheimer's disease 
or diabetes; 

improved behavior, mood or functional health 
status to the extent that the established plan of 
care no longer matches what is needed; 
new onset of impaired decision-making; 
continence to incontinence or indwelling 
catheter; or 

the resident's condition indicates there may be 
a need to use a restraint and there is no current 
restraint order for the resident. 

(2) Significant change is not any of the following: 

(A) changes that suggest slight upward or 
downward movement in the resident's status; 

(B ) short-term changes that resolve with or without 
intervention; 

(C) changes that arise from easily reversible 
causes; 

(D) a short-term acute illness or episodic event; 

(E) a well-established, predictive, cyclical pattern; 
or 

(F) steady improvement under the current course 
of care. 



(J) 



(K) 
(L) 

(M) 



(d) If a resident experiences a significant change as defined 
in Paragraph (c) of this Rule, the facility shall refer the resident 
to the resident's physician or other appropriate licensed health 
professional such as a mental health professional, nurse 
practitioner, physician assistant or registered nurse in a timely 
manner consistent with the resident's condition but no longer 
than 10 days from the significant change, and document the 
referral in the resident's record. 

(e) The assessment and reassessment shall be completed and 
signed by the administrator or a person designated by the 
administrator to perform resident assessments or reassessments. 

(0 The facility administrator or a person designated by the 
admi nistrator to pertbrm resident assessments and reassessments 
shall successfully complete Department-approved training on 
assessing residents by July 1, 1996 a date specified by the 
Department. After this date, the administrator or person 
designated by the administrator to perform assessments and 
reassessments shall have successfully completed the assessment 
training before performing any assessments or reassessments of 
residents. Registered nurses are exempt from the assessment 
training. Documentation of assessment training shall be 
maintained in the facility and available for review. 

Authority G.S. 131D-2: 131D-4.3; 131D-4.5; 1438-153; S.L 
99-0334. 

.3703 LICENSED HEALTH PROFESSIONAL 
SUPPORT 

(a) The facility shall assure that a registered nurse, licensed 
under G.S. 90, Article 9A, participates in the on-site review and 
evaluation of the residents' health status, and care plan and care 
provided for residents requiring, but not limited to. one or more 
of the following personal care tasks. The review and evaluation 
shall be completed within the first 45 30 days of admission or 
within 30 days from the date a resident develops the need for the 
task and at least every 90 days quarterly thereafter, th e r eafte r for 
newly admitted residents requiring, b ut not limited to. one or 
more of the following pe r sonal care tasks, and at least every 90 
days for current residents requiring. 



(1) 
(2) 
(3) 



applying and removing ace bandages, TED' s ted hose 

and binders; 

feeding techniques for residents with swallowing 

problems; 

bowel or bladder retraining training programs 

involving hands-on; and in v asive act i vities such as 

enemas, su pp osito r ies, and catheterizations; to regain 

continence; 
(4) invasive activities such as enemas, suppositories and 

vaginal douches; 
(4)15) urinary catheterizations; 
(5) (6) chest physiotherapy or postural drainage; 
ifi) (7) clean or sterile dressing changes; 
(?) £8] collecting or testing of blood or urine samples and 

taking action based on the results; 
(8) £9} colostomy or ileostomy care; 
(9) (10) decubitus ca r e fo r stages I-IV wounds; care for 



14:13 



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January 4, 2000 



1119 



PROPOSED RULES 



decubitus ulcers; 



(-HH(14) 
(15) 



tm(\6) 



ft7l(18) 



; or urinary catheters; catheters o r 



(20) 

mi 

(22)i2ii 
03)122) 



irrigation of VTO1 

access devices; 

inhalation medication by machine; 

maintaining accurate intake and output data; 

medication administration through gastrostomy 

feeding tube; 

medication — administ r at i on — through — i njectio n — or 

vascular access; 

insulin administration or other subcutaneous 

injections of medications, excluding anticoagulants 

such as heparin; 

administ r atio n of orders for more than 10 medications 

within a 30-day period, excluding over-the-counter 

medications ordered on an as-needed basis; 

oxygen administration and monitoring; 

the monitoring of care for any of residents who are 

physically restrained and the use of care practices as 

alternatives to restraints; 

oral or pharyngeal suctioning; 

testing u r ine samples and taking action based on the 

results; 

tracheostomy care; 

transferring — semi-ambulato r y — or non-ambulatory 

r esidents; 

administering and monitoring of gastrostomy tube 

feedings; or 

adjusting medications as ordered based on vital signs. 

(b) The facility shall assure that a registered nurse, 
occupational therapist licensed under G.S. 90, Article 18D or 
physical therapist licensed under G.S. 90-270.24, Article 18B, 
participates in the on-site review and evaluation of the residents' 
health status, s t atus a n d care plan and care provided within the 
time frames specified in Paragraph (a) of this Rule for those 
residents who require one or more of the following personal care 
tasks; 

application of prescribed heat therapy; 

application and removal of prosthetic devices except 

as used in early post-operative treatment for shaping 

of the extremity; 

gait training using assistive devices; 

range of motion exercises; 

any other prescribed physical or occupational therapy; 

or 

transferring semi-ambulatory or non-ambulatory 

residents. 

(c) The facility shall assure that a registered nurse or 
respiratory therapist validates the competency of staff for 
personal care tasks Subparagraphs (6). (12), (17). (19) and (20) 
specified in Paragraph (a) of this Rule. 

td (dj The facility shall assure that participation by a 
registered nurse, occupational therapist or physical therapist in 
the on-site review and evaluation of the residents' health status, 
status and care plan and care provided by^^ r egiste r ed nurse, 
o ccu p a t ional therapist or p hys i cal the r apist as specified in 
Pa r ag r aphs (a) and (b) of this Rule includes: 

t-h i d en tifying assuri n g the appropriate that persons with 



(1) 
(2) 



(3) 
(4) 
(5) 

(6) 



appropriate knowledge and skills are to provide 
providing care and perform pe r forming the tasks 
consis t ent with Section .0400 of 21 NCAC Chapter 
36, Unlicensed Pe r sonnel, Nurse Aides; 
f2)(_Q teac hi ng — or — validating — com p etencies reviewing 
compe t ency validation of assuring that licensed 
practical nurses or and non-licensed personnel who 
wfH p r ovide providing care and p e r fo r m and 
performing the tasks are competency validated 
according to Paragraphs (e), (f) and (g) of this Rule; 

(2) performing a physical assessment of the residents as 
related to their diagnosis and current condition; 

(3) evaluating the resident's r esponse progress to care 
being provided; 

(4) reviewing and, if necessary, recommending changes 
in the ca r e p la n care of the resident as needed ; and 

(5) documenting the activities in Subparagraphs (1) 
through (4) of this Paragraph. 

(e) The facility shall assure that teaching and validating 
competencies of licensed practical nurses and non-licensed 
personnel who will provide care and perform personal care tasks 
specified in Paragraph (a) and (b) of this Rule is by a registered 
nurse, registered pharmacist, occupational therapist, physical 
therapist or respiratory therapist as specified in Paragraphs (a), 
(b), (c) and (f) of this Rule. The facility shall assure that 
competency validation of staff is completed prior to staff 
performing the personal care task and documentation is on file 
in the facility and readily available. 

(f) The facility shall assure that training and competency 
validation on the care of residents with diabetes is provided to 
unlicensed staff prior to the administration of insulin as follows 
and documented: 

(1) Training shall be provided by a registered nurse or 
registered pharmacist. 

(2) Training shall include at least the following: 

(A) basic facts about diabetes and activities 
involved in the management of diabetes; 

(B) insulin action; 

(C) insulin storage; 

(D) injection techniques and site rotation; 

(E) treatment and prevention of hypoglycemia and 
hyperglycemia, including signs, symptoms; 

(F) lab testing and blood glucose monitoring; and 

(G) universal precautions. 

(3) Competency validation of insulin administration shall 
be provided by a registered nurse. Competency 
validation of blood glucose monitoring shall be 
provided by a registered nurse or a registered 
pharmacist. 

(d) (o) The facility shall assure that any staff who perform 
personal care tasks listed in Paragraphs (a) and (b) of this Rule 
are at least annually observed providing care to residents by a 
licensed registered nurse or other appropriate licensed health 
professional, as specified in Paragraphs (a), (b). (c) and (f) of 
this Rule, who is employed by the facility or under contract or 
agreement, individually or through an agency, with the facility. 



1120 



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January 4, 2000 



14:13 



PROPOSED RULES 



Authority G.S. J31D-2; 131D-4.3; 131D-4.5; 143B-153; S.L. 
99-0334. 



SECTION .3800 - MEDICATIONS 



.3801 



MEDICATION ADMINISTRATION 
POLICIES AND PROCEDURES 

(a) The facility shall ensure the development and 
implementation of written policies and procedures for the 
ordering, receiving, storage, discontinuation, disposition and 
administration of medications, including self-administration of 
medications. Orientation of policies and procedures shall be 
provided to new staff responsible for medication administration 
prior to staff administering medications. 

(b) The facility shall consult with a licensed health 
professional who is authorized to dispense or administer 
medications in developing medication policies and procedures. 

(c) Medication policies and procedure s shall comply with 
requirements of this Section and all applicable state and federal 
regulations, including defmitions in the North Carolina 
Pharmacy Practice Act. G.S. 90-85.3. which are hereby 
incorporated by reference including all subsequent amendments 
and editions. 

Authority G.S. 131D-2: 131D-4.5: 143B-165: S.L. 99-0334. 

.3802 MEDICATION ORDERS 

(a) The facility shall ensure thai medication orders are 
verified by the resident's physician if the FL-2 is not dated 
within 24 hours of admission to the facility or readmission of a 
resident from the hospital and that this verification is 
documented in the resident'srecord. 

(b) All orders for medications, prescription and non- 
prescription, shall be maintained in the resident'srecord in the 
facility. 

(c) The medication orders shall be complete and include the 
following: 

(1) medication name; 



ill 
01 
Hi 
01 

16] 



strength of medication; 



dosage of medication to be administered; 

route of administration; 

specific directions of use, including frequency of 

administration; and 

if ordered on an as needed basis, a clearly stated 

indication for use. 

(d) The facility shall assure contact of the physician for 
clarification if medication orders are not clear or incomplete. 

(e) Verbal medication orders shall be: 

(1) countersigned by the prescriber within 15 days from 
the date the order is given; 

signed or initialed and dated by the person receiving 
the order; and 

accepted only by a licensed nurse, pharmacist, or 
qualified staff responsible for medication 
administration. 

(f) Any standing orders shall be for individual residents and 



ill 
ill 



signed and dated by the resident's physician or prescribing 
practitioner. 

(g) The facility shall assure that all current medication orders, 
including standing orders and orders for self-administration, are 
reviewed and signed by tlie resident's physician or prescribing 
practitioner at least every six months. 

(h) Psychotropic medications ordered "as needed" by a 
licensed practitioner, shall not be administered unless the 
practitioner has provided detailed behavior-specific written 
instructions, including symptoms that might require use of the 
medication, exact dosage, exact time frames between dosages 
and the maximum dosage to lie administered in a twenty-four 
hour period. The facility shall assure that staff receives training 
and inservice programs about the desired and undesired effects 
of psychotropic medications, including alternative behavior 
interventions. 

Authority G.S. 131D-2: 131D-4.5: 143B-165: S.L. 99-0334. 

.3803 MEDICATION LABELS 

(a) Prescription legend medications shall have a legible label 
with the following information: 
(1) the name of the resident for whom the medication is 
prescribed; 

the most recent date of issuance; 
the name of tlie prescriber; 
the name and concentration of the medication. 



ill 

ill 

(5) 
16) 



m 



mi 

(9) 
(10) 



quantity dispensed, and prescription serial number; 

directions for use clearly stated and not abbreviated; 

a statement of generic equivalency shall be indicated 

if a brand other than the brand prescribed is 

dispensed; 

the expiration date, unless dispensed in a single unit 

or unit dose package that already has an expiration 

date; 

auxiliary statements as required of tlie medication; 

the name, address, telephone number of the 

dispensing pharmacy; and 

the name or initials of Utc dispensing pharmacist. 

(b) For medication systems such as med paks and multi-paks 
when two or more solid oral dosage forms are packaged and 
dispensed together, labeling shall be in accordance with 
Paragraph (a) of this Rule and the label or package shall also 
have a physical description or identification of each medication 
contained in the package. 

(c) The facility shall assure the container is relabeled by a 
pharmacist or a dispensing practitioner at the refilling of the 
medication when there is a change in tlie directions by the 
prescriber. The facility shall have a procedure for identifying 
direction changes until the container is correctly labeled. No 
person other than a pharmacist or dispensing practitioner shall 
alter a prescription label. 

(d) Non-prescription medications shall have the 
manufacturer's label with the expiration date clearly visible, 
unless the container has been labeled by a pharmacist or a 
dispensing practitioner. Non-prescription medications in the 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1121 



PROPOSED RULES 



original manufacturer's container shall be labeled with at least 
the resident's name and the name shall not obstruct any of the 
information on the container. Facility staff may label or write 
the resident's name on the container. 

(e) Medications, prescription and non-prescription, shall not 
be transferred from one container to another except when 
prepared for administration to a resident. 

(0 Prescription medications leaving the facility shall be in a 
form packaged and labeled by a pharmacist or a dispensing 
practitioner. Non-prescription medications that are not packaged 
or labeled by a pharmacist or dispensing practitioner must be 
released in the original container and directions for 
administration must be provided to the resident or responsible 
party. The facility shall assure documentation of medications, 
including quantity, released and returned to the facility. 
Note: Dispensing of medications is restricted to pharmacists or 
other health care practitioners that are approved by the North 
Carolina Board of Pharmacy. Repackaging or providing more 
than one dose of a prescription medication, including unit dose 
prescription medications, for subsequent administration is an act 
of dispensing. 

Authorin G.S. I3ID-2: 13ID-4.5; 143B-165; S.L 99-0334. 

.3804 MEDICATION ADMINISTRATION 

(a) The facility shall assure that staff administer medications, 
prescription and non-prescription, according to orders by a 
licensed prescribing practitioner. 

(b) Only staff meeting the requirements according to Rule 
■20 1 3 of this Subchapter shall administer medications, including 
the preparation of medications for administration. 

(c) Only oral solid medications that are ordered for routine 
administration may be prepared in advance and must be 
prepared within 24 hours of the prescribed lime for 
administration. Medications prescribed for pm (as needed) 
administration shall not be prepared in advance. 

(d) Liquid medications, including powders or granules that 
require to be mixed with liquids for administration, and 
injectables shall be prepared immediately before administration 
to a resident. 

(e) Medications shall not be crushed for administration until 
immediately before the medications are administered to the 
resident. 

(f) If medications are prepared for administration in advance, 
the following procedures shall be implemented to keep the drugs 
identified up to the point of administration and protect them 
from contamination and spillage: 

( 1 ) Medications are dispensed in a sealed package such as 
unit dose and multi-paks that is labeled with at least 
the name of each medication and strength in the 
sealed package. The labeled package of medications 
is to remain unopened and kept enclosed in a capped 
or sealed container that is labeled with the resident's 
name, until the medications are administered to the 
resident. If the multi-pak is also labeled with the 
resident's name, it does not have to be enclosed in a 
capped or sealed container; 



121 



Medications not dispensed in a sealed and labeled 
package as specified in Subparagraph (f)(1) of this 
Rule are kept enclosed in a sealed container that 
identifies at least the name and strength of each 
medication prepared and the resident's name; 



til 



(4) 



A separate container is used for each resident and 
each planned administraiion of the medications and 
labeled according to Subparagraph (f)( 1 ) and (f)(2) of 
this Rule; 

All containers are placed together on a separate tray 

or other device that is labeled clearly with the planned 

time for administration and stored in a locked area 

which is only accessible to staff as specified in Rule 

.3806(d) of this Section. 

(g) Medications shall be administered within one hour before 

or one hour after the prescribed or scheduled time unless 

precluded by emergency situations. 

(h) If medications are not prepared and administered by the 
same staff person, there shall be documentation for each dose of 
medication prepared for administration by the staff person who 
prepared the medications. 

tU The recording of the administration on the medication 
administration record shall be by the staff person who 
administers the medication immediately following 
administration of the medication to the resident and observation 
of the resident actually taking the medication and prior to the 
administration of another resident'smedication. Pre-charting is 
prohibited. 

{Xl The resident'smedication administration record (MAR) 
shall be accurate and include following: 
( 1 ) resident'sname; 

name of medication; 



(2) 

I4i 
Hi 



strength and dosage or quantity of medication 

administered; 

instructions for administering the medication; 

reason or justification for the administration of 

medications as needed (PRN) and documenting the 

resulting effect on the resident; 

(6) date and time of administration; and 

(7) name or initials of the person administering the 
medication. If initials are used, a signature equivalent 
to those initials is to be documented and maintained 
with the medication administration record (MAR). 

(k) The facility shall have a system in place to ensure the 
resident is identified prior to the administration of any 
medication. 



(i) Omission of medications and the reason for the omission, 
including refusals, shall be documented on the medicatio n 
administration record (MAR). 

(m) The facility shall assure the development and 
implementation of policies and procedures governing medication 
errors and adverse medication reactions that include 
documentation of at least the following: 



(1 ) notification of a physician or appropriate health 
professional and supervisor; 

(2) action taken by the facility according to orders by the 
physician or appropriate health professional; and 



1122 



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January 4, 2000 



14:13 



PROPOSED RULES 



(3) charting or documentation errors, unavailability of a 
medication, resident refusal of medication, any 
adverse medication reactions and notification of the 
resident'sphysician when necessary. 

(n) Medication administration supplies, such as graduated 
measuring devices shall be available and used by facility staff in 
order for medications to be accurately and safely administered. 

(o) The facility shall assure that medications are administered 
in accordance with infection control measures that help to 
prevent the development and transmission of disease or 
infection, prevent cross-contamination and provide a safe and 
sanitary environment for staff and residents. 

(p) A resident's medication shall not be administered to 
another resident except m an emergency. In the event of an 
emergency, steps shall be taken to ensure that the borrowed 
medications are replaced promptly and that the borrowing and 
replacement of the medication is documented. 

(q) Only oral, topical (including ophthalmic and otic 
medications), inhalants, rectal and vaginal medications, 
subcutaneous injections and medications administered by 
gastrostomy tube and nebulizers shall be administered by 
persons who are not authorized by state occupational licensure 
laws to administer medication. 

(r) Unlicensed staff may not administer injections other than 
insulin and other subcutaneous injections, excluding 
anticoagulants such as heparin. The unlicensed person may not 
administer insulin or other subcutaneous injections prior to 
meeting the requirements for training and competency validation 
as stated in Rule .3703 of this Subchapter. 

Authority G.S. 131D-2: 131D-4.5: 143B-165; S.L 99-0334. 

.3805 SELF-ADMINISTRATION OF MEDICATIONS 

(a) The facility shall permit residents who are competent and 
physically able to self-administer to self-administer their 
medications if the following requirements are met: 

(1) the self-administration is ordered by a physician or 
other person legally authorized to prescribed 
medications in North Carolina and documented in the 
resident's record; and 

(2) specitlc instructions for administration of prescription 
medications are printed on the medication label. 

(b) When there is a change in the resident's mental or physical 
ability to self-administer or resident non-compliance with the 
physician's orders or the facility's medication policies and 
procedures the facility shall notify the physician. A resident's 
right to refuse medications does not imply the inability of the 
resident to self-administer medications. 

Authority G.S. 131D-2: 131D-4.5; 143B-I65: S.L. 99-0334. 

.3806 MEDICATION STORAGE 

(a) Medications that are self-administered and stored in the 
resident's room shall be stored in a safe and secure manner as 
specified in the facility's medication storage policy and 
procedures. 



(b) All prescription and non-prescription medications stored 
by the facility, including those requiring refrigeration, shall be 
maintained in a safe manner under locked security except when 
under the immediate or direct physical supervision of staff in 
charge of medication administration. 

(c) The medication storage area shall be clean, well-lighted, 
well-ventilated, large enough to store medications in an orderly 
manner, and located in areas other than the bathroom, kitchen or 
utility room. Medication carts shall be clean and medications 
shall be stored in an orderly manner- 
ed) Accessibility to locked storage areas for medications shall 

only be b^ staff responsible for medication administration and 
administrator or person in charge. 

(e) Medications intended for topical or external use, except 
for ophthalmic, otic and transdermal medications, shall be stored 
in a designated area separate from the medications intended for 
oral and injectable use. Medications shall be stored apart from 
cleaning agents and hazardous chemicals. 

(f) Medications requiring refrigeration shall be stored at 36 
degrees F to 46 degrees F (2 degrees C to 8 degrees C). 

(g) Medications shall not be stored in a refrigerator 
containing non-medications and non-medication related items, 
except when stored in a separate container. The container shall 
be locked when storing medications unless the refrigerator is 
locked or is located in a locked medication area. 



(h) The facility shall not possess a stock of prescription 
legend medications for general or common use except for the 
following: 

( 1 ) irrigation solutions in single unit quantities exceeding 
49 ml. and related diagnostic agents; 

(2) diagnostic agents; 

(3) vaccines; and 

(4) water for injection and normal saline for injection. 
(i) First aid supplies shall be immediately available, stored 

out of sight of residents and visitors and stored separately in a 
secure and orderly manner. 

Authority G.S. 13ID-2; 131D-4.5: 143B-165: S.L. 99-0334. 

.3807 MEDICATION DISPOSITION 

(a) Medications shall be released to or with a resident upon 
discharge if the resident has a physician's order to continue the 
medication. Prescribed medications are the property of the 
resident and shall not be given to. or taken by. other staff or 
residents according to Rule .38Q4(m) of this Subchapter. 

(b) Medications, excluding controlled medications, that are 
expired, discontinued, prescribed for a deceased resident or 
deteriorated shall be stored separately from actively used 
medications until disposed of 

(c) Medications, excluding controlled medications, shall be 
destroyed at the facility or returned to a pharmacy within 30 
days of the expiration or discontinuation of medication or 
following the death of the resident. 

(d) All medications destroyed at the facility shall he 
destroyed by the administrator or the administrator's designee 
and witnessed by a pharmacist, a dis pensing practitioner, or their 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1123 



PROPOSED RULES 



designee. The destruction shall he conducted so that no person 
can use, administer, sell or give away the medication. 

(e) Records of medications destroyed or returned to the 
pharmacy shall include the resident's name, the name and 
strength of the medication, the amount destroyed or returned, the 
method of destruction if destroyed in the facility and the 
signature of the administrator or the administrator's designee and 
the signature of the pharmacist, dispensing practitioner or their 
designee. These records shall be maintained by the facility for 
a minimum of one year. 

(f) A dose of any medication prepared for administration and 
accidentally contaminated (^r not administered shall be destroyed 
at the facility according to the facility's policies and procedures. 

Authority G.S. 131D-2: 13ID-4.5: 143B-165; S.L 99-0334. 

.3808 CONTROLLED SUBSTANCES 

(a) The facility shall assure a readily retrievable record of 
controlled substances by documenting the receipt, administration 
and disposition of controlled substances. These records shall be 
maintained with the resident's record and in order that there can 
be accurate reconciliation. 



(b) Controlled substances may be stored together in a 
common location or container. If Schedule II medications are 
stored together in a common location, the Schedule II 
medications shall be under double lock. 



(c) Controlled substances that are expired, discontinued or no 
longer required for a resident shall be returned to the pharmacy. 
The facility shall document the resident's name; the name, 
strength and dosage form of the controlled substance and the 
amount returned. There shall also be documentation by the 
pharmacy of the receipt or return of the controlled substances. 
Records of controlled substances returned to the pharmacy shall 
be maintained by the facility for a minimum ot' three years. 

(d) Discontinued or expired controlled substances to be 
returned to the pharmacy shall be stored securely in a locked 
area apart from actively used medications until returned. 

(e) A dose of a controlled substance accidentally 
contaminated or not administered shall be destroyed at the 
facility. The destruction shall be documented on the medication 
administration record (MAR) or the controlled substance record 
showing the time, date, quantity, manner of destruction and the 
initials or signature of the person destroying the substance. 

Authority G.S. 13ID-2; 13ID-4.5: I43B-I65; S.L. 99-0334. 

.3809 PHARMACEUTICAL CARE 

(a) The facility shall obtain the services of a licensed 
pharmacist, prescribing practitioner or registered nurse for the 
provision of pharmaceutical care at least every 90 days for 
residents or as frequent as determined by the Department, based 
on the documentation of significant medication problems 
identified during monitoring visits or other investigations in 
which the safety of the residents may be at risk. Pharmaceutical 
care involves the identification, prevention and resolution of 
medication related problems which includes at least the 



following: 

(1 ) an on-site medication review for each resident which 
includes at least the following: 

(A) the review of information in the resident's 
record such as diagnoses, history and physical, 
discharge summary, vital signs, physician's 
orders, progress notes, laboratory values and 
medication administration records, including 
current medication administration records; 

(B) ensuring that medications are administered as 
prescribed; making recommendations for 
change, if necessary, based on desired 
medication outcomes and ensuring that the 
appropriate authorized prescribing practitioner 
is so informed; and 

(C) ensuring that any undesired side effects, 
potential and actual drug reactions or 
interactions, and medication errors are 
identified and reported to the appropriate 
prescribing practitioner. 

(2) review of aU aspects of medication administration 
including the observation of at least one medication 
administration pass and inspection of medication 
storage areas; 

(3) review of the medication system utilized by the 
facility, including packaging, labeling and availability 
of medications; 



(4) 



15) 



(6) 



review the facility's procedures and records for the 

disposition ot' medications and provide assistance, if 

necessary; 

provision of a written report of findings and any 

recommendations for change to the facility and the 

physician or appropriate health professional, when 

necessary; 

conducting in-service programs as needed for facility 

staff on medication usage that includes, but not 

limited to the following: 

medication 



(A) potential or current 
problems identified; 

(B) new medications; 



related 



(C) side effects and medication interactions; and 
(7) documentation of the activities in Subparagraphs ( I ) 
through (6) of Paragraph (a) of this Rule. The results 
of the medication review of each resident's medication 
therapy shall be documented in the resident's record. 

(b) policies and procedures; and 

(c) The facility shall assure action is taken as needed in 
response to the medication review and documented, includi ng 
that the physician or appropriate health professional has been 
informed of the findings when necessary. 

(d) The facility shall maintain the findings and reports 
resulting from the activities in Subparagraphs ( 1 ) through (6) of 
Paragraph (a) of this Rule [n the facility, including action taken 
by the facility. 

Aiithorit\- G.S. J31D-2: 131D-4.5: 143B-165: S.L 99-0334. 



1124 



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14:13 



PROPOSED RULES 



.3810 PHARMACEUTICAL SERVICES 

(a) The facility shall allow the resident the right to choose a 
pharmacy provider as long as the pharmacy will provide services 
that are in compliance with the facility'smedication management 
policies and procedures. 

(b) There shall he a current, written agreem ent with the 



with the (3) 



pharmacy provider for each pharmaceutical service provided, 
i.e.. dispensing and consulting, which includes a statement of the 
responsibility of each party. 

(c) The facility shall assure the provision of emergency 
pharmaceutical services and this shall be included in the written 
agreement with the pharmacy provider. 

(d) The facility shall assure the provision of medication for 
residents on temporary leave from the facility or involved in 
day activities out of the facility. 

(e) The facility shall assure that accurate records of the 
receipt, use and disposition of medications are maintained in the 
facility and readily available for review. 

Autlwrin- G.S. 131D-2: 13ID-4.5: 143B-165: S.L. 99-0334. 



Type B violation until theearlier of one year from the 
date the penalty was assessed or until the home has 
substantially complied with the correction plan 
established pursuant to G.S. 1 3 1 D-34 and substantial 
compliance as been certified by the Department; or 
is the owner, principal or affiliate of an adult care 
home that had its license summarily suspended or 
downgraded to provisional status as a result of Type 
A or Type B violations until six months from the date 
of reinstatement of the license, restoration from 
provisional to ful] licensure, or termination of the 
provisional license, as applicable, 
(b) Additionally, no new license shall be issued for any adult 

care home to an applicant for licensure who is the owner. 

principal or affiliate of an adult care home that has had its 

admissions suspended until six months after the suspension is 

lifted. 

Authority G.S. 131D-2: 131D-4.5; 143B-165; S.L. 99-01 13; S.L 
99-0334. 



SECTION .3900 - FAMILY CARE HOME LICENSE 
ELIGIBILITY 

.3901 DEFINITIONS 

The following definitions shall apply throughout this Section: 

(1) "Person" means an individual, a trust or estate, a 
partnership, a corporation or a collection of 
individuals who together own controlling interest of 
a partnership or a corporation. 

(2) "Owner" means any person who has legal or equitable 
title to or a majority interest in an adult care home. 

i3j "Affiliate" means any person that directly or 
indirectly controls an adult care home or any person 
who is controlled by a person who controls an adult 
care home. In addition, two or more adult care homes 
who are under common control are affiliates. 

(4) "Principal" means any person who is the owner or 
operator of an adult care home, an executive officer of 
a corporation that owns or operates an adult care 
home, a general partner of a partnership that owns or 
operates an adult care home, or a sole p ro prietorship 
that owns or operates an adult care home. 

Authority G.S. 131D-2; I31D-4.5; 143B-I65:S.L 99-01 13; S.L 
99-0334. 

.3902 PERSONS NOT ELIGIBLE FOR NEW 
ADULT CARE HOME LICENSES 

(a) Pursuant to G.S. l3ID-2(b)(lb). no new license shall be 
issued for any adult care home to an applicant who: 

(1) is the owner, affiliate or principal of an adult care 
home that had its license revoked until one fuh year 
after the date of revocation; 

(2) is the owner, principal or affiliate of an adult care 
home that was assessed a penalty for a Type A or 



.3903 ADULT CARE HOMES NOT ELIGIBLE 
FOR LICENSE RENEWAL 

(a) An adult care home is not eligible to have its license 
renewed if the compliance history of the facility demonstrates a 
pattern of noncompliance with State law and licensure rules or 
disregard for the health, safety and welfare of residents as 
determined by the number and severity of administrative 
sanctions levied against the facility until the Department certifies 
that it is in substantial compliance. 

(b) An adult care home is not eligible to have ks license 
renewed if any person who is an owner, affiliate or principal of 
the applicant facility is also an owner, affiliate or principal of an 
adult care home that had hs license revoked until one full year 
after the date of such revocation. 

(c) An adult care home is not eligible to have its license 
renewed if any person who |s an owner, affiliate or principal of 
the applicant is also an owner, affiliate or principal of an adult 
care home that had its license summarily suspended until six 
months after the date of such suspension. 

(d) An adult care home is not eligible to have its license 
renewed if any person who is an owner, affiliate or principal of 
the applicant facility is also an owner, affiliate or principal of an 
adult care home that has a demonstrated pattern of 
noncompliance with State law and licensure rules or disregard 
for the health, safety and welfare of the residents as determined 
by the number and severity of administrative sanctions levied 
against an adult care home until the Department has certified 
substantial compliance by such facility. 

(e) Pursuant to G.S. 13ID-2(b)(l ). an adult care home is not 
eligible to have its license renewed if any outstanding fines or 
penalties imposed by the Department have not been paid; 
provided, however that if an appeal is pending the fine or 
penalty will not be considered imposed until the appeal is 
resolved. 



14:13 



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January 4, 2000 



1125 



PROPOSED RULES 



Authority G.S. 131D-2; 131D-4.5; I43B-165; S.L 99-0334. 

SECTION .4000 - EFFECTIVE DATE OF 
TEMPORARY RULES 

.4001 CHANGE OF EFFECTIVE DATE OF 
TEMPORARY RULES 

The effective date of temporary Rules .2005. .2011. .2012. 
2207. .2214. .2302. .2501. .2505. .2506. .2703. .3401. .3402. 
.3701. .3703. .3801-. 3810. .3901-.3903 of this Subchapter is 
changed to January 1 . 2000. 

Authority G.S. 131D-2; 131D-4.5: 143B-165: S.L. 99-0334. 

SUBCHAPTER 42D - LICENSING OF HOMES FOR 
THE AGED AND INFIRM 



homes. In addition, there must be at least one 
administrator or superyisor-in-charge who lives is 
within 500 feet of each home, is immediately 
available, and who is directly responsible for assuring 
that all required duties are carried out in each home. 
To be immediately available, the administrator or 
supervisor-in-charge must be on stand-by and have 
direct access to either a two-way intercom system or 
a two-way intercom line on the existing telephone 
system that connects these homes with each other and 
with the residence of the administrator or 
superyisor-in-charge. The equipment installed must 
be in working condition and must be located in the 
bedroom of the administrator or supervisor-in-charge. 

Authority G.S. 13ID-2; 131D-4.5; 143B-153; S.L 99-0334. 



SECTION .1300 - MANAGEMENT 

.1301 MANAGEMENT OF FACILITIES WITH A 
CAPACITY OR CENSUS OF SEVEN TO 
THIRTY RESIDENTS 

(a) The requirements in Paragraphs (a) and (c) of Rule 10 
NCAC 42C . 1 90 1 shall control for this Subchapter for facilities 
with a capacity or census of 7 to 29 30 residents. 

(b) At all times there must be one administrator or 
supervisor-in-charge who is directly responsible for assuring that 
all required duties are carried out in the home and for assuring 
that at no time is a resident left alone in the home without a staff 
member. In addition to the requirements in 10 NCAC 42C 
.1901(a) and (c), one of the following arrangements must be 
used to manage a ho m e for the aged and disabled facility with a 
capacity of 7 to 30 residents : 

(1) The administrator Hves is in the home home, or 
resides within 500 feet of the home and is 
immediately available. To be immediately available, 
the administrator must be on stand-by and have direct 
access to either a two-way intercom system or a 
two-way intercom line on the existing telephone 
system that connects the licensed home with the 
private residence of the administrator. The equipment 
installed must be in working condition and must be 
located in the bedroom of the administrator; or 

(2) Tlie admi n is tr ato r employs a A supervisor-in-charge 
to live is in the home or resides within 500 feet of the 
home and be is immediately available. The 
conditions of being "immediately available" cited in 
Subparagraph (b)(1) of this Rule shall apply to this 
arrangement; or 

t3) Tl i e ad mi n i s tr a tor employs supervisors-in-charge, a t 
least one of whom will be awake and on-duty du r i n g 
each s hift ( t irst, second, and third); or 
(4) (3) When there is a cluster of licensed homes, each with 
a capacity of 7 to 12 residents, located adjacently on 
the same site, there must be at least one staff member, 
either live-in or on a shift basis in each of these 



.1302 THE CO-ADMINISTRATOR 

Tlie rules stated in 10 NCAC 42C .1902 shall control for this 
Subchapte r . 

Authority G.S. I3ID-2; 13ID-4.5: 1438-153: S.L 99-0334. 

.1303 MANAGEMENT AND PERSONAL CARE AIDE 
SUPERVISION IN FACILITIES WITH A 
CAPACITY OR CENSUS OF 31 TO 80 
RESIDENTS 

(a) In facilities with a capacity or census of 3 1 to 80 residents, 
there shall be a supervisor of personal care aides, including 
medication aides, on duty in the facility on first and second 
shifts; and there shall be an administrator on call, which means 
able to be contacted by telephone, pager or two-way intercom. 
at all times when not in the building. The supervisor shall meet 
the qualitications specified in Rule .1413 of this Subchapter. 
(For staffing chart, see Rule .1416 of this Subchapter.) 

(b) On first and second shifts in facilities with a capacity or 
census of 3i to 70 residents, the su pervisor of personal care 
aides, hereafter referred to as supervisor, may provide up to four 
hours of aide duty per shift. These four hours may be counted 
as required hours of aide duty. TTie supervisor's hours on duty 
shall not be counted as required hours of aide duty other than as 
specified in this Rule. 

(c) On third shift in facilities with a capacity or census of 3 1 
to 60 residents, the supervisor shall be in the facility or within 
500 feet and immediately available, as defined in Rule . 1 301 of 
this Section. 



(d) On third shift in facilities with a capacity or census of 6 1 
to 80 residents, the supervisor shall be on duty in the facility for 
a least four hours and within 500 feet and immediately available. 
as defined in Rule .1301 of this Section, for the remaining four 
hours. The four hours on duty shall not be counted as required 
hours of aide duty. 

Authority' G.S. 131D-2: 131D-4.5: I43B-165: S.L 99-0334. 



.1304 MANAGEMENT OF FACILITIES WITH A 



1126 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



PROPOSED RULES 



CAPACITY OR CENSUS OF 81 OR 
MORE RESIDENTS 

(a) A facility with a capacity or census of M 21 more 
residents shall be under the direct control of an administrator, 
who shall be responsible for the operation, administration, 
management and supervision of the facility on a full-time basis 
to assure that all care and services to residents are provided in 
accordance with all applicable local, state and federal regulations 
and codes. The administrator shall be on duty in the facility at 
least eight hours per day, five days per week and shall not serve 
simultaneously as a personal care aide supervisor or other staff 
to meet staffing requirements while on duty as an administrator. 
( For staffing chart, see Rule . 1 4 1 6 of this Subchapter. ) If there 
is more than one facility on a contiguous parcel of land or 
campus setting, and the combined licensed capacity of the 
facilities js 200 beds or less, there may be one administrator on 
duty for all the facilities on the campus. The administrator shall 
not serve simultaneously as a personal care aide supervisor in 
this campus setting. 

(b) When the administrator is not on duty in the facility, there 
shall be a person designated as administrator-in-charge on duty 
in the facility who has responsibility for the overall operation of 
the facility. The supervisor may serve simultaneously as the 
administrator-in-charge. Each facility on a contiguous parcel of 
land or campus setting, as described in Paragraph (a) of this 
Rule, shall have a person designated as the administrator-in- 
charge in the facility when the administrator is not on duty. 

(c) The administrator-in-charge shall meet the following 
qualifications: 

(1) be 21 years or older: 

(2) be at least a high school graduate or certified under 
the G.E.D. program or have passed an alternative 
examination established by the Department; 

(3) meet the general health requirements according to 
Rule .1406 of this Subchapter; and 

(4) earn at least 1 2 hours a year of continuing education 
credits related to the management of adult care homes 
and care of aged and disabled persons in accordance 
with procedures established by the Department. 

(d) The administrator shall be on call, which means able to be 
contacted by telephone, pager or two-way intercom at all times 
when not in the building. 

Authority G.S. 131D-2; 131D-4.5: 143B-165: S.L 99-0334. 

SECTION .1400 - PERSONNEL 

.1401 QUALIFICATIONS OF ADMINISTRATOR 
AND CO-ADMINISTRATOR 

Tlie requiremen t s in 10 NCAC 42C .2001 and .2009 shall 
control fo r this Subchapter except that the administ r ato r o r 
co-adminis t rator must verify that he h as wo r ked in a licensed 
domiciliary facili t y for at least 90 days in an approved 
on-t h e-job t r aining p r ogram or ve r ify that he has past educatio n , 
traini n g and experience related to the management and operation 
of adult r esidential car e facilities. 



Authorit}- G.S. 131D-2: 131D-4.5; I43B-I53: S.L 99-0334. 

.1402 QUALIFICATIONS OF 

SUPERVISOR-IN-CHARGE 

(a) T he r ul e s stated in Rule 1 NCAC 42C .2002 shall control 
for this Subchapter for facilities with a capacity or census of 
seven to thirty residents. 

(b) The supervisor-in-charge for facilities with a capacity or 
census of 21 to 80 residents shall meet the following 
qualifications: 

(1) be 21 years or older; 

(2) be at least a high school graduate or certified under 
the G.E.D. program or have passed an alternative 
examination established by the Department; 

(3) meet the general health requirements according to 
Rule .1406 of this Subchapter; 

(4) meet the same minimum training and competency 
requirements of the personal care aides; and 

(5) earn at least 12 hours a year of continuing education 
credits related to the management of adult care home s 
and the care of aged and disabled persons fn 
accordance with procedures established by the 
Department. 

Authorit}- G.S. 131D-2: 131D-4.5: 143B-153: S.L. 99-0334. 

.1407 STAFFING 

(a) In addition to the requirements set forth in Paragraphs (b) 
through (e) of this Rule, the requirements in 10 NCAC 42C 
.2005 shall control for this Subchapter. References to homes in 
Paragraphs (b) through (e) of this Rule refer to homes for the 
aged and disabled. 

(b) Homes must staff to the licensed capacity of the home or 
to the resident census. When a home is staffing to resident 
census, a daily census log must be maintained which lists current 
residents by name, room assignment and date of admission and 
must be available for review by the monitoring and licensing 
agencies. 

(c) Homes with capacity or census of 12 or fewer residents: 

(1) At all times there must be an administrator or 
supervisor-in-charge in the home or within 500 feet of 
the home and immediately available; 

(2) A free standing home with capacity or census of 1 2 or 
fewer residents must comply with the following 
staffing: 

(A) When the administrator or supervisor-in-charge 
is not on duty within the home, there must be 
at least one staff member on duty on the first 
and second shifts and at least one staff member 
on call within the building on third shift. There 
must be a call system connecting the bedroom 
of the staff member, who may be asleep on the 
third shift, with each resident's bedroom; and 

(B) When the administrator or supervisor-in-charge 
is on duty within the home on the first and 
second shifts and on call within the home on 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1127 



PROPOSED RULES 



the third shift, another staff member (i.e., 
co-administrator, supervisor-in-charge or aide) 
must be in the building or within 500 feet of 
the home and immediately available. 

(3) A cluster of homes with capacity or census of 12 or 
fewer residents must comply with the following 
staffing: 

(A) When there is a cluster of up to six licensed 
homes located adjacently, there must be at least 
one administrator or supervisor-in-charge who 
lives within 500 feet of each of the homes, is 
immediately available, and who, as supervisor 
for all the homes, is directly responsible for 
assuring that all required duties are carried out 
in each home; and 

(B) In each of the homes, at least one staff member 
must be on duty on the first and second shifts 
and at least one staff member must be on call 
within the building during the third shift. 
There must be a call system connecting the 
bedroom of the staff member, who may be 
asleep on the third shift, with each resident's 
bedroom. 

(4) The following shall apply to all homes with capacity 
or census of 12 or fewer residents: 

(A) The administrator must prepare a plan of 
operation for the home (each home in a cluster) 
specifying the staff involved, their regularly 
assigned duties and the amount of time 
estimated to be spent for each duty. There 
must be a current plan of operation on file in 
the home, available for review by bona fide 
inspectors and the monitoring and licensing 
agencies; 

(B) At least 12 hours must be spent daily providing 
for the personal services, health services, drug 
management, meaningful activities, and other 
direct services needed by the residents. These 
activities are the primary responsibility of the 
staff member(s) on duty on the first and second 
shifts; however, other help, such as the 
supervisor-in-charge and activities coordinator 
may be used to assist in providing these 
services; 

(C) During the remaining hours, the staff member 
on duty may perform housekeeping and food 
service duties as long as the staff member can 
respond immediately to resident calls or the 
residents arc otherwise supervised. Also, the 
person on call within the home may perform 
housekeeping duties between the hours of 9 
p.m. and 7 a.m. if the duties do not hinder care 
of residents or immediate response to resident 
calls, do not disrupt residents' normal lifestyles 
and sleeping patterns; and do not take the 
person on call out of view of where the 
residents are; 



(D) Additional help must be available daily to 
assure adequate housekeeping and food 
service. 

(d) Homes with capacity or census of 13-20 must comply 
with the following staffing. When the home is staffing to census 
and the census falls below 13 residents, the staffing 
requirements for a home with 12 or fewer residents will apply. 

( 1 ) At all times there must be an administrator or 
supervisor-in-charge in the home or within 500 feet of 
the home and immediately available; 

(2) When the administrator or supervisor-in-charge is not 
on duty within the home, there must be at least one 
staff member on duty on the first, second and third 
shifts; 

(3) When the administrator or supervisor-in-charge is on 
duty within the home, another staff member (i.e. 
co-administrator, supervisor-in-charge or aide) must 
be in the building or within 500 feet of the home and 
immediately available; 

(4) The job responsibility of the staff member on duty 
within the home is to provide the direct personal 
assistance and supervision needed by the residents. 
Any housekeeping duties performed by the staff 
member between the hours of 7 a.m. and 9 p.m. are to 
be limited to occasional, non-routine tasks. The staff 
member may perform housekeeping duties between 
the hours of 9 p.m. and 7 a.m. as long as such duties 
do not hinder care of residents or immediate response 
to resident calls, do not disrupt residents' normal 
lifestyles and sleeping patterns and do not take the 
staff member out of view of where the residents are. 
The staff member on duty to attend to the residents is 
not to be assigned food service duties; and 

(5) In addition to the staff member(s) on duty to attend to 
the residents, there must be sufficient help available 
daily to perform necessary housekeeping and food 
service duties. 

(e) Homes with capacity or census of 21 or more must 
comply with the following staffing. When the home is staffing 
to census and the census falls below 21 residents, the staffing 
requirements for a home with a census of 13-20 will apply. 

(1) While the Division of Facility Services may require a 
home to have additional aide duty in excess of the 
minimum (based on the condition of the residents and 
the layout of the building), the daily total of aide duty 
hours on each 8-hour shift must at all times (other 
than during short, unforeseeable circumstances) be at 
least: 

(A) First shift (morning) - 0.4 hou r s of aide duty 
f o r each resident (licensed capaci t y or res i de nt 
census), or &rQ 16 hours of aide duty p er each 
20 residents plus 3.0 hours for all other 
residents, whichever is greater; and for 
facilities with a census or capacity of 21 to 40 
residents; and 16 hours of aide duty plus four 
additional hours of aide duty for every 
additional 10 or fewer residents for facilities 



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January 4, 2000 



14:13 



PROPOSED RULES 



"^ 



with a census or capacity of 41 or more 
residents. (For staffing chart, see Rule .1416 
of this Subchapter.) 

(B) Second shift (afternoon) - 0.4 hours of aide 
duty for each resident (licensed capacity o r 
resident census), or 8:6 16 hours of aide duty 
per each 20 residents plus 3.0 hours for all 
other resid e nts, whichever is g r eater; and for 
facilities with a census or capacity of 21 to 40 
residents; and 16 hours of aide duty plus four 
additional hours of aide duty for every 
additional 10 or fewer residents for facilities 
with a census or capacity of 41 or more 
residents. (For staffing chart, see Rule .1416 
of this Subchapter.) 

(C) Third shift (evening) - 8.0 hours of aide duty 
per 30 or fewer residents (licensed capacity or 
resident census). (For staffing chart, see Rule 
.1416 of this Subchapter.) 

(D) The facility shall have additional aide duty to 
meet the needs of the facility's heavy care 
residents equal to the amount of time 
reimbursed by Medicaid. As used in this Rule, 
the term, "heavy care resident", means an 
individual residing in an adult care home who 
is defined as "heavy care" by Medicaid and for 
which the facility is receiving enhanced 
Medicaid payments. 

(2) The following describes the nature of the aides 
duties, including allowances and limitations: 

(A) The job responsibility of the aide is to provide 
the direct personal assistance and supervision 
needed by the residents; 

(B) Any housekeeping performed by an aide 
between the hours of 7 a.m. and 9 p.m. is to be 
limited to occasional, non-routine tasks, such 
as wiping up a water spill to prevent an 
accident, attending to an individual resident's 
soiling of his bed, or helping a resident make 
his bed. Routine bed-making is a permissible 
aide duty; 

(C) If the home employs more than the minimum 
number of aides required, any additional hours 
of aide duty above the required hours of direct 
service between 7 a.m. and 9 p.m. may involve 
the performance of housekeeping tasks; 

(D) An aide may perform housekeeping duties 
between the hours of 9 p.m. and 7 a.m. as long 
as such duties do not hinder the aide's care of 
residents or immediate response to resident 
calls, do not disrupt the residents' normal 
lifestyles and sleeping patterns, and do not take 
the aide out of view of where the residents are. 
The aide must be prepared to care for the 
residents since that remains his primary duty; 
and 



(E) Aides are not to be assigned food service 

duties; however, providing assistance to 

individual residents who need help with eating 

is an appropriate aide duty. 

(3) In addition to the staffing required for management 

and aide duties, there must be sufficient personnel 

employed to perform necessary housekeeping and 

food service duties. 

Authority G.S. I31D-2: G.S. 131D-4.3: 131D-4.5; 143B-I53. 

.1410 STAFF COMPETENCY AND TRAINING 

(a) The facility shall assure that staff who perform or directly 
supervise staff who perform personal care tasks listed in 
Paragraph (h) of this Rule successfully complete a 40^ 45-hour 
training program, including competency evaluation, approved by 
the Department according to Rule .1411 of this Section. 
Directly supervise means being on duty in the facility to oversee 
or direct the performance of staff duties. 

(b) The facility shall assure that staff who perform or directly 
supervise staff who perform personal care tasks listed in 
Paragraph (i) of this Rule successfully complete a 75= 80-hour 
training program, including competency evaluation, approved by 
the Department according to Rule .1411 of this Section and 
comparable to the State-approved Nurse Aide I training. 

(c) The facility shall assure that training specified in 
Paragraphs (a) and (b) of this Rule is successfully completed 
within one of the following time frames six months after hiring 
for staff hired after July 1 , 2000. Staff hired p rior to July 1. 



2000, shall have completed at least a 40 or 75-hour training 
program, which shall meet all the requirements of this Rule 
except for the interpersonal skills and behavioral interventions 
listed in Paragraph (i) of this Rule. 

("H six months afte r implementation of a s t atewide 

training — p r og r am — for — staff — hired — bef o r e — such 

implementation; or 
(2) six — months — after — hiring — for — staff hired — after 

implementation of a statewide training program 

established — by — the — Department — of Community 

Colleges. 

(d) The Department shall have the authority to extend the six- 
month time frame specified in Paragraph (c) of this Rule up to 
six additional months for a maximum allowance of 12 months 
for completion of training upon submittal of documentation to 
the Department by the facility showing good cause for not 
meeting the six-month time frame. 

(e) Exemptions from the training requirements of this Rule 
are as follows: 

( 1 ) The Department shall exempt staff from the 40= 45- 
hour training requirement upon successful completion 
of a competency evaluation approved by the 
Department according to Rule .141 1 of this Section if 
staff have been employed to perform or directly 
supervise personal care tasks listed in Paragraph (h) 
and the interpersonal skills and behavioral 
interventions listed in Paragraph (]j of this Rule in a 



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January 4, 2000 



1129 



PROPOSED RULES 



comparable long-term care setting for a total of at 
least 12 months during the three years prior to 
January 1 , 1 996, or the date they are hired, whichever 
is later. 

(2) The Department shall exempt staff from the 75= 80- 
hour training requirement upon successful completion 
of a 15-hour refresher training and competency 
evaluation program or a competency evaluation 
program approved by the Department according to 
Rule .1411 of this Sectionif staff have been employed 
to perform or directly supervise personal care tasks 
listed i n Paragraph ( i ) and the interpersonal skills and 
behavioral interventions listed in Paragraph (i) of this 
Rule in a comparable long-term care setting for a total 
of at least 1 2 months during the three years prior to 
January 1 , 1 996, or the date they are hired, whichever 
is later. 

(3) The Department shall exempt staff from the 40 45 and 
J5= 80;hour training and competency evaluation who 
are licensed health professionals or listed on the N.C. 
Nurse Aide Registry. 

(0 The facility shall maintain documentation of the training 
and competency evaluations of staff required by the rules of this 
Subchapter. The documentation shall be filed in an orderly 
manner and made available for review by representatives of the 
Department. 

(g) The facility shall assure that staff who perform or directly 
supervise staff who perform personal care tasks listed in 
Paragraphs ( h ) and ( i ) and the interpersonal skills and behavioral 
interventions listed [n Paragraph (j) of this Rule receive on-the- 
job training and supervision as necessary for the performance of 
individual job assignments prior to meeting the training and 
competency requirements of this Rule. 

(h) For the purposes of this Rule, personal care tasks which 
require a 40= 45;hour training program include, but are not 
limited to the following: 

( 1 ) assist residents with toileting and maintaining bowel 
and bladder continence; 

(2) assist residents with mobility and transferring; 

(3) provide care for normal, unbroken skin; 

(4) assist with personal hygiene to include mouth care, 
hair and scalp grooming, care of fingernails, and 
bathing in shower, tub, bed basin; 

(5) trim hair; 

(6) shave resident; 

(7) provide basic first aid; 

(8) assist residents with dressing; 

(9) assist with feeding residents with special conditions 
but no swallowing difficulties; 

(10) assist and encourage physical activity; 

(11) take and record temperature, pulse, respiration, 
routine height and weight; 

(12) trim toenails for residents without diabetes or 
peripheral vascular disease; 

(13) perineal care; 

(14) apply condom catheters; 

(15) turn and position; 



( 1 6) collect urine or fecal specimens; 

(17) take and record blood pressure if a registered nurse 
has determined and documented staff to be competent 
to perform this task; 

(18) apply and remove or assist with applying and 
removing prosthetic devices for stable residents if a 
registered nurse, licensed physical therapist or 
licensed occupational therapist has determined and 
documented staff to be competent to perform the task; 
and 

(19) apply or assist with applying ace bandages, TED's and 
binders for stable residents if a registered nurse has 
determined and documented staff to be competent to 
perform the task. 

(i) For the purposes of this Rule, personal care tasks which 
require a 75= SO^hour training program are as follows: 



(1) 



feeding residents with swallowing 



(2) 
(3) 
(4) 
(5) 
(6) 
(7) 
(8) 



(9) 
(10) 
(11) 
(12) 
(13) 



assist with 

difficulty; 

assist with gait training using assistive devices; 

assist with or perform range of motion exercises; 

empty and record drainage of catheter bag; 

administer enemas; 

bowel and bladder retraining to regain continence; 

test urine or fecal specimens; 

use of physical or mechanical devices attached to or 

adjacent to the resident which restrict movement or 

access to one's own body used to restrict movement or 

enable or enhance functional abilities; 

non-sterile dressing procedures; 

force and restrict fluids; 

apply prescribed heat therapy; 

care for non-infected pressure ulcers; and 

vaginal douches, 
(jj For purposes of this Rule, the interpersonal skills and 
behavioral interventions include, but are not limited to the 
following: 

( 1 ) recognition of residents' usual patterns of responding 
to other people; 

(2) individualization of appropriate interpersonal 
interactions with residents; 

(3) interpersonal distress and behavior problems; 

(4) intrapersonal and interpersonal distress and behavior 
problems; 

(5) knowledge of procedures for obtaining consultation 
and assistance regarding safe, humane management of 
residents' behavioral problems. 

Authority G.S. 131D-2: I31D-4.3: I31D-4.5: 143B-153: S.L 
99-0334. 

.1411 TRAINING PROGRAM AND COMPETENCY 
EVALUATION CONTENT AND APPROVAL 

(a) The 46 45-hour training specified in Rule .1410 of this 
Section shall consist of at least 26 24 hours of classroom 
instruction, and the remaining hours shall be supervised practical 
experience. Competency evaluation shall be conducted in each 
of the following areas: 



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14:13 



PROPOSED RULES 



( 1 ) personal care skills; 

(2) cognitive, behavioral and social care for all residents 
and including interventions to reduce behavioral 
problems for residents with mental disabilities; and 

(3) residents' rights as established by G.S. 131D-21. 

(b) The 75 80-hour training specified in Rule .1410 of this 
Section shall consist of at least 3d 34 hours of classroom 
instruction and at least 36 34 hours of supervised practical 
experience. Competency evaluation shall be conducted in each 
of the following areas: 

(1) observation and documentation; 

(2) basic nursing skills, including special health-related 
tasks; 

(3) personal care skills; 

(4) cognitive, behavioral and social care for al] residents 
and, including interventions to reduce behavioral 
problems for residents with mental disabilities; 

(5) basic restorative services; and 

(6) residents' rights as established by G.S. 131D-21. 

(c) The following requirements shall apply to the 46 45 and 
75 80;hour training specified in Rule .1410 of this Section: 

( 1 ) The training shall be conducted by an individual or a 
team of instructors with a coordinator. The 
supervisor of practical experience and instructor of 
content having to do with personal care tasks or basic 
nursing skills shall be a registered nurse with a 
current, unencumbered license in North Carolina and 
with two years of clinical or direct patient care 
experience working in a health care, home care or 
long term care setting. The program coordinator and 
any instructor of content that does not include 
instruction on personal care tasks or basic nursing 
skills shall be a registered nurse, licensed practical 
nurse, physician, gerontologist, social worker, 
psychologist, mental health professional or other 
health professional with two years of work experience 
in adult education or in a long term care setting; or a 
four-year college graduate with four years of 
experience working in the field of aging or long term 
care for adults. 

(2) A trainee participating in the classroom instruction 
and supervised practical experience in the setting of 
the trainee's employment shall not be considered on 
duty and counted in the staff-to-resident ratio. 

(3) Training shall not be offered without a qualified 
instructor on site. 

(4) Classroom instruction shall include the opportunity 
for demonstration and practice of skills. 

(5) Supervised practical experience shall be conducted in 
a licensed adult care home or in a facility or 
laboratory setting comparable to the work setting in 
which the trainee will be performing or supervising 
the personal care skills. 

(6) All skills shall be performed on humans except for 
intimate care skills, such as perineal and catheter care, 
which may be conducted on a mannequin. 



(7) 
(8) 



(9) 



There shall be no more than 10 trainees for each 
instructor for the supervised practical experience. 
A written examination prepared by the instructor shall 
be used to evaluate the trainee's knowledge of the 
content portion of the classroom training. The trainee 
shall score at least 70 on the written examination. 
Oral testing shall be provided in the place of a written 
examination for trainees lacking reading or writing 
ability. 

The trainee shall satisfactorily perform all of the 
personal care skills specified in Rule . 1 4 1 0(h) and the 
skills specified in Rule .14IO(i) of this Section for the 
46 45-hour training and in Rttk Rules .1410(h) 
.1410(i). and (i) and U) of this Section for the 75 80; 
hour training. The instructor shall use a skills 
performance checklist for this competency evaluation 
that includes, at least, all those skills specified in Rule 
Rules .1410(h) and Ij) of this Section for the 46 45- 
hour training and all those skills specified in Rule 
Rules rMWdr) . 1 4 10(h), and (i) and (i ) of this Section 
for the 75 80-hour training. Satisfactory performance 
of the personal care skills and interpersonal and 
behavioral intervention skills means that the trainee 
performed the skill unassisted; explained the 
procedure to the resident; explained to the instructor, 
prior to or after the procedure, what was being done 
and why it was being done in that way; and 
incorporated the principles of good body mechanics, 
medical asepsis and resident safety and privacy. 
The training provider shall issue to all trainees who 
successfully complete the training a certificate, signed 
by the registered nurse who conducted the skills 
competency evaluation, stating that the trainee 
successfully completed the 46 45 or 75 80-hour 
training. The trainee's name shall be on the 
certificate. The training provider shall maintain 
copies of the certificates and the skills evaluation 
checklists for a minimum of five years. 
(d) An individual, agency or organization seeking to provide 
the 46 45 or 75 80-hour training specified in Rule . 1 4 1 of this 
Secfion shall submit the following information to the Group 
Care Licensure Section of the Division of Facility Services: 

an application which is available at no charge by 
contacting the Division of Facility Services, Group 
Care Licensure Section, 2708 Mail Service Center 
Post Office Box 29530 , Raleigh, North Carolina 

a statement of training program philosophy; 

a statement of training program objectives for each 

content area; 

a curriculum outline with specific hours for each 

content area; 

teaching methodologies, a list of texts or other 

instructional materials and a copy of the written exam 

or testing instrument with an established passing 

grade; 



(10) 



(1) 



(2) 
(3) 

(4) 

(5) 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1131 



PROPOSED RULES 



(6) a list of equipment and supplies to be used in the 
training; 

(7) procedures or steps to he completed in the 
performance of the personal care and basic nursing 
skills; 

(8) sites for classroom and supervised practical 
experience, including the specific settings or rooms 
within each site; 

(9) resumes of all instructors and the program 
coordinator, including current RN certificate numbers 
as applicable; 

(10) policy statements that address the role of the 
registered nurse, instructor to trainee ratio for the 
supervised practical experience, retention of trainee 
records and attendance requirements; 

(11) a skills performance checklist as specified in 
Subparagraph (c)(9) of this Rule; and 

(12) a certificate of successful completion of the training 
program. 

(e) The following requirements shall apply to the competency 
evaluation for purposes of exempting adult care home staff from 
the 40 45 or 75 80-hour training as required in Rule . 14 1 of this 
Section: 

(1) The competency evaluation for purposes of 
exempting adult care home staff from the 49 45 or 75 
80-hour training shall consist of the satisfactory 
performance of personal care skills according to the 
requirement in Subparagraph (c)(9) of this Rule. 

(2) Any person who conducts the competency evaluation 
for exemption from the 46 45 or 75 80-hour training 
shall be a registered nurse with the same 
qualifications specified in Subparagraph (c)( 1 ) of this 
Rule. 

(3) The competency evaluation shall be conducted in a 
licensed adult care home or in a facility or laboratory 
setting comparable to the work setting in which the 
participant will be performing or supervising the 
personal care skills. 

(4) All skills being evaluated shall be performed on 
humans except for intimate care skills such as 
perineal and catheter care, which may be performed 
on a mannequin. 

(5) The person being competency evaluated in the setting 
of the person s employment shall not be considered on 
duty and counted in the staff-to-resident ratio. 

(6) An individual, agency or organization seeking to 
provide the competency evaluation for training 
exemption purposes shall complete an application 
available at no charge from the Division of Facility 
Services, Group Care Licensure Section, Post Office 
Box 29530, Raleigh, North Carolina 27626-0530 and 
submit it to the Group Care Licensure Section along 
with the following information: 

(A) resume of the person performing the 
competency evaluation, including the current 
RN certificate number; 

(B) a certificate, with the signature of the 



(C) 



(D) 

(E) 
(F) 



evaluating registered nurse and the participant "s 

name, to be issued to the person successfully 

completing the competency evaluation; 

procedures or steps to be completed in the 

performance of the personal care and basic 

nursing skills; 

skills performance checklist as specified in 

Subparagraph (c)(9) of this Rule; 

a site for the competency evaluation; and 

a list of equipment, materials and supplies. 



Authority G.S. 131D-2; 131D-4.3; 131D-4.5; 143B-153; S.L 
99-0334. 

.1412 CERTIFICATION OF ADMINISTRATOR 

The administrator of an adult care home licensed on or after 
Januarv 1 , 2000, shall be certified by the Department under the 
provisions of G.S. 90, Article 20 A. The administrator's 
certification shall be renewed every two years bv the 
Department under these same provisions, including 
documentation that the administrator has completed at least 30 
hours of continuing education credits related to the management 
of adult care homes and care of aged and disabled persons in 
accordance with procedures established by the Department. 



Authority G.S. 131D-2; 
99-0443. 



.1413 



90-288: 143B-165: S.L.99-0334; S.L. 



RESPONSIBILITIES AND QUALIFICATIONS 
OF PERSONAL CARE AIDE SUPERVISOR IN 
FACILITIES WITH A CAPACITY OR CENSUS 
OF 71 OR MORE RESIDENTS 

(a) There shall be at least one personal care aide supervisor, 
hereafter referred to as supervisor, on duty in the facility on first 
and second shifts in facilities with a capacity or census of 7 1 to 
90 residents. On third shift in facilities with a capacity of 71 to 
90 residents, the supervisor shall be on duty in the facility for at 
least four hours and within 500 feet and immediately available, 
as defined m Rule .1301 of this Subchapter, for the remaining 
four hours. The four hours on duty shall not be counted as 
required hours of aide duty. (For staffing chart, see Rule .1416 
of this Section.) 

(b) In facilities with a capacity or census of 91 or more 
residents, there shall be at least one supervisor on duty in the 
facility on each shift for less than 64 hours of aide duty; two 
supervisors for 64 to less than 96 hours of aide duty; and three 
supervisors for 96 to less than 128 hours of aide duty. (For 
staffing chart, see Rule .1416 of this Section.) 

(c) The primary job responsibility of the supervisor in 
facilities with a capacity or census of 71 or more residents is the 
direct supervision of personal care aides, including medication 
aides. While the supervisor may be involved in performing 
some personal care or management tasks, the primary 
responsibility of the supervisor is to assure that care and services 
are provided to residents by personal care aides in a safe and 
secure manner and according to licensure rules. This involves 



1132 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



PROPOSED RULES 



observing personal care aides in the performance of their duties; 
instructing, correcting and consulting with aides as needed; and 
reviewing documentation by aides. 

(d) A supervisor on duty shall not serve simultaneously as 
the administrator, personal care aide or any other staff except the 
adminislrator-in-charge in the absence of the administrator. 

(e) A supervisor shall meet the following qualifications: 

(1 ) be 21 years or older; 

(2) be a high school graduate or certified under the 
G.E.D. program, or have passed an alternative 
examination established by the Department; 

(3) meet the general health requirements according to 
Rule .1406 of this Section; 

(4) have at least 12 months of experience in performing 
or supervising the perfonnance of duties to be 
supervised during a period of three years prio r to the 
effective date of this rule or the date of hire. 



whichever is later: 



(5] 



meet the same minimum training and competency 
requirements of the aides being supervised; and earn 
at least 12 hours a year of continuing education 
credits related to the care of aged and disabled 
persons in accordance with procedures established by 
the Department of Health and Human Services. 



Authority G.S. 131D-2; 131D-4.5; I43B-I65: S.L 99-0334. 

.1414 QUALIFICATIONS OF MEDICATION AIDES 
AND THEIR SUPERVISORS 

(a) Effective February 15. 2000. staff who administer 
medications, hereafter referred to as medication aides, and staff 
who directly supervise the administration of medications shall 
have documentation of successfuUy completing the clinical skills 
validation portion of the competency evaluation according to 
Paragraph (d) and (ej of Rule .1415 of this Section prior to the 
administration or supervision of the administration of 



medications. Medication aides shall also meet the staff training 
and competency requirements according to Rule .1410 of this 
Section. Persons authorized by state occupational licensure laws 
to administer medications are exempt from this r equirement. 

(b) Effective July 1. 2000. medication aides and their direct 
supervisors, except persons authorized by state occupational 
licensure laws to administer medications, shall successfully pass 
the written examination 90 days after successful completion of 
the clinical skills validation portion of a competency evaluation 
according to Rule .1415 of this Section. Medication aides shall 
also meet the staff training and competency requirements 
according to Rule .1410 of this Section. 

(c) Medication aides and their direct supervisors, except 
persons authorized by state occupational licensure laws to 
administer medications, shall complete eight hours of state 
approved continuing education annually in medication 
administration. 



(d) Effective July J^ 2000. persons taking the competency 
evaluation for medication administration shall be a high school 
graduate or certified under the G.E.D. program or shall hav e 
passed an alternative examination established by the 
Department. 

(e) Training and competency validation of any unlicensed 
person who is to administer insulin shall be according to Rule 
. 1 829 of this Subchapter. Effective January 1 . 2000. the training 
shall also be required for any unlicensed person who is to 
administer insulin. 

Authority G.S. 131D-2: I3ID-4.5: 143B-165; S.L. 99-0334. 

.1415 MEDICATION ADMINISTRATION 
COMPETENCY 

Rule 10 NCAC 42C .2014 shall control for this Subchapter. 

Authority G.S. L^lD-2: 131D-4.5: 143B-165: S.L 99-0334. 



.1416 STAFFING CHART 

The following chart specifies the required aide, supervisory and management staffing for each eight-hour shift in facilities with 
a capacity or census of 21 or more residents according to Rules .1301. .1303. .1304. .1407 and .1413 of this Subchapter. 



Bed Count 


Position Type 


First Shift 


Second Shift 


Third Shift 


21-30 


Aide 


16 


16 


8 


Supervisor 


Not Required 


Not Required 


Not Required 


Administrator/SIC 


In the building, or within 500 feet and immediately available. 


31-40 


Aide 


16 


16 


16 


Supervisor 


8* 


8* 


In the building, or within 

500 feet and immediately 

available. 


Administrator 


On call 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1133 



PROPOSED RULES 



41-50 


Aide 


20 


20 


16 


Supervisor 


8* 


8* 


In the building, or within 

500 feet and immediately 

available. 


Administrator 


On call 


51-60 


Aide 


24 


24 


16 


Supervisor 


8* 


8* 


In the building, or within 

500 feet and immediately 

available. 


Administrator 


On call 


61-70 


Aide 


28 


28 


24 


Supervisor 


8* 


8* 


4 hours within the 

facility/4 hours within 

500 feet and immediately 

available. 


Administrator 


On call 


71-80 


Aide 


32 


32 


24 


Supervisor 


8 


8 


4 hours within the 

facility/4 hours within 

500 feet and immediately 

available. 


Administrator 


On call 


81-90 


Aide 


36 


36 


24 


Supervisor 


8 


8 


4 hours within the 

facility/4 hours within 

500 feet and immediately 

available 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


91-100 


Aide 


40 


40 


32 


Supervisor 


8 


8 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


101-110 


Aide 


44 


44 


32 


Supervisor 


8 


8 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


111-120 


Aide 


48 


48 


32 


Supervisor 


8 


8 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


121-130 


Aide 


52 


52 


40 


Supervisor 


8 


8 


8 



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NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



••^ 



PROPOSED RULES 





Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


131-140 


Aide 


56 


56 


40 


Supervisor 


8 


8 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call 


141-150 


Aide 


60 


60 


40 


Supervisor 


8 


8 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


151-160 


Aide 


64 


64 


48 


Supervisor 


16 


16 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


161-170 


Aide 


68 


68 


48 


Supervisor 


16 


16 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


171-180 


Aide 


72 


72 


48 


Supervisor 


16 


16 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


181-190 


Aide 


76 


76 


56 


Supervisor 


16 


16 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


191-200 


Aide 


80 


80 


56 


Supervisor 


16 


16 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


201-210 


Aide 


84 


84 


56 


Supervisor 


16 


16 


8 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


211-220 


Aide 


88 


88 


64 


Supervisor 


16 


16 


16 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


221-230 


Aide 


92 


92 


64 


Supervisor 


16 


16 


16 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 


231-240 


Aide 


96 


96 


64 


Supervisor 


24 


24 


16 


Administrator 


5 days/week: Minimum of 40 hours. When not in facility, on call. 



^'Supervisor may conduct up to four hours of aide duty. 



14:13 



NORTH CAROLINA REGISTER January 4, 2000 



1135 



PROPOSED RULES 



Authoritx G.S. I31D-2: 131D-4.5: 143B-165: S.L. 99-0534. 



SECTION .1500 - THE BUILDING 

.1503 PHYSICAL ENVIRONMENT 

The home must provide ample living arrangements to meet the 
individual needs of the residents, the live-in staff and other 
live-in persons. 

(1) The requirements for each living room and 
recreational area are: 

(a) Each living room and recreational area must be 
located off a lobby or corridor and enclosed 
with walls and doors; 

(b) In buildings with a licensed capacity of 15 or 
less, there must be a minimum area of 250 
square feet; 

(c) In buildings with a licensed capacity of 16 or 
more, there must be a minimum of 16 square 
feet per resident; and 

(d) Each living room and recreational area must 
have windows. 

(2) The requirements for the dining room are: 

(a) The dining room must be located off a lobby or 
corridor and enclosed with walls and doors; 

(b) In buildings with a licensed capacity of 15 or 
less, there must be a minimum of 200 square 
feet; 

(c) In building with a licensed capacity of 16 or 
more, there must be a minimum of 14 square 
feet per resident; and 

(d) TTie dining room must have windows. 

(3) The requirements for the kitchen are: 

(a) The size of the kitchen and the kitchen 
equipment must meet the sanitation 
requirements of the North Carolina Department 
of Environment, Health, and Natural 
Resources; Division of Environmental Health. 
Scaled drawings and specifications must be 
submitted to the Division of Facility Services; 
and 

(b) In areas where approved water and sewer 
services are not available, the owner must 
secure from the local sanitarian instructions on 
the installation of an approved water and sewer 
system and comply with these instructions. 

(4) The requirements for the bedroom are: 

(a) The number of resident beds set up must not 
exceed the licensed capacity of the facility; 

(b) There must be bedrooms sufficient in number 
and size to meet the individual needs according 
to age and sex of the residents, the 
administrator or supervisor-in-charge, other 
live-in staff and any other persons living in the 
home. Residents are not to share bedrooms 
with staff or other live-in non-residents; 

(c) Only rooms authorized as bedrooms shall be 
used for residents" bedrooms; 



(5) 



(d) Bedrooms must be located on an outside wall 
and off a corridor. A room where access is 
through a bathroom, kitchen, or another 
bedroom will not be approved for a resident's 
bedroom; 

(e) There must be a minimum area of 100 square 
feet excluding vestibule, closet or wardrobe 
space, in rooms occupied by one person and a 
minimum area of 80 square feet per bed, 
excluding vestibule, closet or wardrobe space, 
in rooms occupied by two or more people; 

(0 The total number of residents assigned to a 
bedroom must not exceed the number 
authorized for that particular bedroom; 

(g) A bedroom may not be occupied by more than 
four residents. This does not apply to homes 
licensed before April 1, 1984, with five 
residents occupying one bedroom, which meet 
all other rules of this Subchapter; 

(h) Resident bedrooms must be designed to 
accommodate all required furnishings; 

( i ) Each resident bedroom must be ventilated with 
one or more windows which are maintained 
operable and well lighted. The window area 
must be equivalent to at least eight percent of 
the fioor space. The windows must be low 
enough to see outdoors from the bed and chair, 
with a maximum 36 inch sill height; and 

(j) Bedroom closets or wardrobes must be large 
enough to provide each resident with a 
minimum of 48 cubic feet of hanging clothing 
storage space (approximately two feet deep by 
three feet wide of hanging space by eight feet 
high). 
The requirements for bathrooms and toilet rooms are: 

(a) Minimum bathroom and toilet facilities must 
include a toilet and a hand lavatory for each 5 
residents and a tub or shower for each 10 
residents or portion thereof; 

(b) Entrance to the bathroom must not be through 
a kitchen, another persons bedroom, or another 
bathroom; 

(c) Toilets and baths for staff and visitors must be 
in accordance with Volume II, Plumbing, 
North Carolina Building Code; 

(d) Bathrooms and toilets accessible to the 
physically handicapped must be provided as 
required by Section 11 X, Volume I, North 
Carolina Building Code; 

(e) The bathrooms and toilet rooms must be 
designed to provide privacy. Bathrooms and 
toilet rooms with two or more water closets 
(commodes) shall have privacy partitions or 
curtains for each water closet. Each tub or 
shower shall have privacy partitions or 



1136 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



PROPOSED RULES 



curtains; 

(f) Hand grips must be installed at all commodes, 
tubs and showers used by or accessible to 
residents; 

(g) Each home must have at least one bathroom 
opening off the corridor with: a door three feet 
minimum width, a three feet by three feet 
roll-in shower designed to allow the staff to 
assist a resident in taking a shower without the 
staff getting wet, a bathtub accessible on at 
least two sides, a lavatory and a toilet. If the 
tub and shower are in separate rooms, each 
room must have a lavatory and a toilet. All 
fixtures must meet the State Building Code 
requirements for the physically handicapped in 
effect at the time the building was constructed; 

(h) Bathrooms and toilet rooms must be located as 
conveniently as possible to the residents' 
bedrooms; 

(i) Resident toilet rooms and bathrooms must not 
be utilized for storage or purposes other than 
those indicated in Paragraph (5) of this Rule; 

(j) Toilets and baths must be well lighted and 
mechanically ventilated at two cubic feet per 
minute. The mechanical ventilation 
requirement does not apply to facilities 
licensed before April 1, 1984, with adequate 
natural ventilation; 

(k) Nonskid surfacing or strips must be installed in 
showers and bath areas; and 

(1) The floors of the bathrooms and toilet rooms 
must have a non-slippery, water-resistant 
covering. 
(6) The requirements for storage rooms and closets are: 

(a) General Storage for the Home. A minimum 
area of five square feet (40 cubic feet) per 
licensed capacity must be provided. This 
storage space is to be either in the facility or 
within 500 feet of the facility on the same site; 

(b) Linen Storage. Storage areas must be adequate 
in size and number for separate storage of 
clean linens and separate storage of soiled 
linens. Access to soiled linen storage must be 
from a corridor or laundry room; 

(c) Food Storage. Space must be provided for dry, 
refrigerated and frozen food items to comply 
with sanitation regulations; 

(d) Housekeeping storage requirements are: 

(i) A housekeeping closet, with mop sink 
or mop floor receptor, must be provided 
at the rate of one per 60 residents or 
portion thereof; and 

(ii) There must be separate locked areas for 
storing cleaning agents, bleaches, 
pesticides, and other substances which 
may be hazardous if ingested, inhaled or 



handled. Cleaning supplies must be 
supervised while in use; 
td Drug s t orage requirements are : 

(e) (t) Handwashing facilities with wrist type lever 

handles must be provided immediately 

adjacent to the drug storage area; 

(tt) 7*c+1 drugs (p r esc r i pti o n tmd 

non-prescription — dr ugs, — including 
t opical preparations) must he s t o r ed in a 
w ell l ighted and well ventilated locked 
cabine t or closet except when under the 
direc t — supervision — of — employees 
a ppr oved to administer drugs; 

(rnj Tlie locked cabinet or closet must be 
la r ge enough t o s t ore all drugs in an 

orderly manne r . D i v i de r s shall be 

installed or containe r s p r ov i ded in the 
cab i net o r closet a n d d r ug ca r t, when 
used, t o separate each residen t 's drugs 
with p r o p er labeling for each residen t ; 

fvrt If the home utilizes d r ug ca r ts, the y 
must be sto r ed in a locked immobile 
manner or in a locked a r ea ; 

iyi D r ugs for external use must he sto r ed in 
a desig n ated area separate from internal 
drugs; 

(vr) Drugs must not be sto re d i n bath r ooms, 

a utility room, or in the kitchen a r ea ; 
(rri) D r ugs r equi ri ng re frigeration must be 
s t o r ed in a separate locked box in the 
refrigerator or in a lockable drug-only 
r efrigerator, capable of maintain i ng a 
tempe r ature range of 36 deg r ees F (2 
deg r ees C) to 46 degrees F (8 deg r ees 

(viii) First aid sup p lies mus t be i mmediately 
available and stored sepa r ately in a 
secure a n d orderly manner, ou t of the 
sight of residents and the general public; 
(tx) Drugs may be sto re d in the resident's 
r oom for his self-adm ini stration upon 
the wri t ten approval a n d i n s t ructions of 
the prescriber. — Tlie hom e mu st take 
reasonable precautions to assu r e that 
they are stored and m ai n t a in ed in a safe 
and secu r e ma nn e r to p r otect against 
contamination, spillage, mi s i denti t y and 
pilfe r age. — In establ i s h ing a mea n s fo r 
safe storage with the resident and th e 
prescriber, the home shall take into 
account the status of the r esidents a nd 
o t hers living in the home, the degree to 
which t he residen t ne eds immedia t e 
access to the d r ug, a n d the potential 
liaim of the drug should it be misused; 

(f) (tr) Storage for Resident's Articles. Some means 



14:13 



NORTH CAROLINA REGISTER 



January -/, 2000 



1137 



PROPOSED RULES 



for residents to lock personal articles within the 
home must be provided; and 
(g) (f) Staff Facilities. Some means for staff to lock 
personal articles within the home must be 
provided. 

(7) The requirements for corridors are: 

(a) Doors to spaces other than small reach-in 
closets must not swing into the corridor; 

(b) Handrails must be provided on both sides of 
corridors at 36 inches above the floor and be 
capable of supporting a 250 pound 
concentrated load; 

(c) Corridors must he lighted sufficiently with 
night lights providing 1 foot-candle power at 
the floor; and 

(d) Corridors must be free of all equipment and 
other obstructions. 

(8) The requirements for outside entrances and exits are: 

(a) Public and service entrances must not be 
through required resident areas; 

(b) All steps, porches, stoops and ramps must be 
provided with handrails and guardrails; and 

(c) All exit door locks must be easily operable, by 
a single hand motion, from the inside at all 
times without keys. 

(d) In homes with at least one resident who is 
determined by a physician or is otherwise 
known to be disoriented or a wanderer, each 
required exit door shall be equipped with a 
sounding device that is activated when the door 
is opened. The sound must be of sufficient 
volume that it can be heard by staff A central 
control panel that will deactivate the sounding 
device may be used provided the control panel 
is located in the office of the administrator. 

(9) The requirements for floors are: 

(a) Ail floors must be of smooth, non-skid 
material and so constructed as to be easily 
cleanable; 

(b) Scatter or throw rugs are not to be used; and 

(c) All floors must be kept in good repair. 

(10) Soil Utility Room. A separate room must be provided 
and equipped for the cleaning and sanitizing of bed 
pans and must have handwashing facilities. 

(11) Office. There must be an area within the home large 
enough to accommodate normal administrative 
functions. 

( 1 2) The requirements for laundry facilities are: 

(a) Laundry facilities must be large enough to 
accommodate washers, dryers, and ironing 
equipment or work tables; 

(b) These facilities must be located where soiled 
linens will not be carried through the kitchen, 
dining, clean linen storage, living rooms or 
recreational areas; and 

(c) A minimumof one residential type washer and 
dryer each must be provided, even if all 



laundry services are contracted. 
(13) The requirements for outside premises are: 

(a) The outside grounds must be maintained in a 
clean and safe condition; 

(b) If the home has a fence around the premises, 
the fence must not prevent residents from 
exiting or entering freely or be hazardous; and 

(c) Outdoor walkways and drives must be 
illuminated by no less than five foot-candles of 
Ught at ground level. 

Authorin- G.S. I31D-2; I3ID-4.5: 143B-153: S.L 99-0334. 

SECTION .1600 - FIRE SAFETY AND OTHER 
REQUIREMENTS 

.1605 OTHER REQUIREMENTS 

(a) The building and all fire safety, electrical, mechanical, and 
plumbing equipment must be maintained in a safe and operating 
condition. 

(b) There must be an approved heating system sufficient to 
maintain 75 degrees F (24 degrees C) under winter design 
conditions. 

(1) Built-in electric heaters, if used, must be installed or 
protected so as to avoid burn hazards to residents and 
room furnishings. 

(2) Unvented fuel burning room heaters and portable 
electric heaters are prohibited. 

(3) Fireplaces, fireplace inserts and wood stoves must be 
designed or installed so as to avoid a bum hazard to 
residents. Fireplace inserts and wood stoves must be 
U.L. listed. 

(c) Air conditioning or at least one fan per resident bedroom 
and living and dining areas must be provided when the 
temperature in the main center corridor exceeds 88 80 degrees 
F(fH- 26.7 degrees C). 

(d) The hot water system must be of such size to provide an 
adequate supply of hot water to the kitchen, bathrooms, laundry, 
housekeeping closets and soil utility room. The hot water 
temperature at all fixtures used by residents must be maintained 
at a minimum of 100 degrees F (38 degrees C) and must not 
exceed 1 16 degrees F (46.7 degrees C). 

(e) All multi-story facilifies must be equipped with elevators. 
(0 In addition to the required emergency lighting, minimum 

lighfing must be as follows: 

(1) 30 foot-candle power for reading; 

(2) 10 foot-candle power for general lighting; and 

(3 ) 1 foot-candle power at the floor for corridors at night, 
(g) The spaces listed in this Paragraph must be provided with 

exhaust vendlation at the rate of two cubic feet per minute per 
square foot. This requirement does not apply to facilities 
licensed before April 1, 1984, with adequate natural ventilation 
in these specified spaces: 

( 1 ) soiled linen storage; 

(2) soil utility room; 

(3) bathrooms and toilet rooms; 

(4) housekeeping closets; and 



1138 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



PROPOSED RULES 



(5) laundry area, 
(h) Where required for staffing purposes, an electrically 
operated call system must be provided connecting each resident 
bedroom to the live-in staff bedroom. The resident call switches 
must be such that they can be activated with a single action and 
remain on until switched off by staff. The call switch must be 
within reach of the resident lying on his bed. 

Authorin- G.S. 131D-2: I43B-153: S.L 99-0334. 



disorders. 
(4) "Care coordinator" means a staff person in a special 
care unit who oversees resident care and coordinates, 
supervises and evaluates resident services to assure 
that each resident receives services appropriate to the 
individual'snceds. 

Authority G.S. I3ID-2; 13ID-4.5; I31D-4.6; 131D-7: 143B- 
165; S.L. 99-0334. 



SECTION .1800 - REMAINING POLICIES AND 
REGULATIONS 

.1804 MANAGEMENT OF DRUGS 

The rules stated in 10 NCAC 42C 72763 .3800 shall control for 
this Subchapter. 

Aiithorit\- G.S. 131D-2; I31D-4.5: I43B-I53: S.L. 99-0334. 



Safety Inspection I 

are used when approp r iate. 

Authority G.S. 131D-2: I3ID-4.5: 1438-153: S.L. 99-0334. 

.1831 HEALTH CARE PERSONNEL REGISTRY 

The facility shall comply with G. S. 131 E-256 and supporting 
10 NCAC 3B .1001 and. 1002. 

G.S. 131D-2: G.S. 131D-4.5: 131E-256: 143B-165: S.L. 99- 
0334. 

SECTION .1900 - SPECIAL CARE UNITS FOR 
ALZHEIMER'S DISEASE 

.1901 DEFINITIONS APPLICABLE TO SPECIAL 
CARE UNITS 

The following definitions shall apply throughout this Section: 

(1) "Alzheimer's Disease" means a progressive, 
degenerative disease that attacks the brain and results 
in impaired memory, thinking and behavior. 
Characteristic symptoms of the disease include 
gradual memory loss, impaired judgement, 
disorientation, personality change, difficulty in 
learning, and loss of language skills. 

(2) "Related disorders" means dementing or memory 
impairing conditions characterized by irreversible 
memory dysfunction. 

(3) "Special care unit" means an entire facility or any 
section, wing or hallway within an adult care home 
separated by closed doors from the rest of the home, 
or a program provided by an adult care home, that is 
designated or advertised especially for special care of 
residents with Alzheimer's Disease or related 



.1902 SPECIAL CARE UNIT DISCLOSURE 

(a) Only those facilities with units that meet the requirements 
of this Section may advertise, market oi otherwise promote 
themselves as providing special care units for persons with 
Alzheimer'sDisease or related disorders. 

(b) The facility shall disclose information about the special 
care unit according to G.S. 1 3 1 D-7 and which addresses policies 
and procedures listed in Rule .1905 of this Section. 



.1821 RENEWAL OF LICENSE 

Rule 10 NCAC 42C .3402 shall control for this Subchapter. 
Subchapter, provid e d that DSS-1514 Form (fire and Building 

[ Repor t ) and tlie Dl IS- 1 2 1 3 (Sanitation Report) .1903 



Authority G.S. I31D-2: L^lD-4.5; 131D-4.6: 13ID-7: 143B- 
165: S.L. 99-0334. 



LICENSURE OF FACILITIES WITH SPECIAL 
CARE UNITS 

A facility that advertises, markets or otherwise promotes itself 
as having a special care unit for residents with Alzheimer's 
Disease or related disorders and meets the requirements of this 
Section for special care units and the rules set forth in this 
Subchapter shall be licensed as an adult care home with a special 
care unit. The license shall indicate that a special care unit for 
residents with Alzheimer's Disease or related disorders is 
provided. 

Authority G.S. 13ID-2: 131D-4.5; 131D-4.6: 131D-7: 143B- 
165; S.L. 99-0334. 

.1904 SPECIAL CARE UNIT BUILDING 
REQUIREMENTS 

In addition to meeting aH applicable building codes and 
licensure regulations for adult care homes, the special care unit 
shall meet the following building requirements: 

(1) Plans for new or renovated construction or conversion 
of existing building areas shall be submitted to the 
Construction Section of the Division of Facility 
Services for review and approval. 

(2) If the special care unit is a portion of a facility, it shall 
be separated from the rest of the building by closed 
doors. 

(3) Unit exit doors may be locked only if the locking 



14] 
15J 



devices meet the requirements outlined in the N.C. 
State Building Code for special locking devices. 
Where exit doors are not locked, a system of security 
monitoring shall be provided. 
The unit shall be located so that other residents, staff 
and visitors do not have to routinely pass through the 
unit to reach other areas of the building. 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1139 



PROPOSED RULES 



(6) At a minimum the following service and storage areas 
shall he provided within the special care unit: staff 
work area, nourishment station for the preparation and 
provision of snacks; — and lockable space for 
medication storage, and storage area for the residents' 
records. 

(7) Living and dining space shall be provided within the 
unit at a total rate of 30 square feet per resident and 
may be used as an activity area. 

(8) Direct access from the facility to a secured outside 
area shall be provided. 

(9) A toilet and hand lavatory shall be provided within 
the unit for every five residents. 

(10) A tub and shower for bathing of residents shall be 
provided within the unit. 

(11) Use of potentially distracting mechanical noises such 
as loud ice machines, window air conditioners, 
intercoms and alarm systems shall be minimized or 
avoided. 

Authority G.S. 13JD-2; J3W-4.5; UlD-4.6: 131D-7; 143B- 
165: S.L 99-0334. 

.1905 SPECIAL CARE UNIT POLICIES AND 
PROCEDURES 

The facility shall assure that special care unit policies and 
procedures are established, implemented by staff and available 
for review within the facility. In addition to aU applicable 
policies and procedures for adult care homes, there shall be 
policies and procedures that address the following: 

(1) the philosophy of the special care unit which includes 
a statement of mission and objectives regarding the 
specific population to be served by the unit which 
shall address, but not be limited to. the following: 

(a) safe, secure, familiar and consistent 
environment that promotes mobility and 
minimal use of physical restraints or 
psychotropic medications: 

(b) a structured but flexible lifestyle through a well 
developed program of care which includes 
activities appropriate for each resident's 
abilities: 

(c) individualized care plans that stress the 
maintenance of residents'abilities and promote 
the highest possible level of physical and 
mental functioning: and 

(d) methods of behavior management which 
preserve dignity through design of the physical 
environment, physical exercise, social activity, 
appropriate medication administration, proper 
nutrition and health maintenance: 

the process and criteria for admission to and discharge 

from the unit: 

a description of the special care services offered in the 

unit: 

resident assessment and care planning, including 



(5) 

m 

(8) 

(9) 

0) 



opportunity for family involvement in care planning. 

and the implementation of the care plan, including 

responding to changes in the resident'scondition: 

safety measures addressing dementia specific dangers 

such as wandering, ingestion, falls and aggressive 

behavior: 

staffmg in the unit: 

staff training based on the special care needs of the 

residents: 

physical environment and design features that address 

the needs of the residents: 

activity plans based on personal preferences and 

needs of the residents: 

opportunity for involvement of families in resident 

care and the availability of family support programs: 

and 

additional costs and fees for the special care provided. 



Authority G.S. 131D-2: I31D-4.5: 131D-4.6: 131D-7; 143B- 
165: S.L 99-0334. 

.1906 ADMISSION TO THE SPECIAL CARE UNIT 

In addition to meeting all requirements specified in the rules 
of tJTJs Subchapter for the admission of residents to the home, 
the facility shall assure that the following requirements are met 
for admission to the special care unit: 

( 1) A physician shall specify a diagnosis on the resident's 
FL-2 that meets the c onditions of the specific group 
of residents to be served. 

(2) There shall be a documented pre-admission screening 
by the facility to evaluate the appropriateness of an 
individual's placement in the special care unit. 

(3) Family members seeking admission of a resident to a 
special care unit shall be provided disclosure 
information required in G.S. 13ID-7 and any 
additional written information addressing policies and 
procedures listed in Rule . 1 905 of this Subchapter that 
is not included in G.S. 131D-7. This disclosure shall 
be documented in the resident's record. 



Authority G.S. 131D-2: 
165: S.L. 99-0334. 



.1907 



131D-4.5: I31D-4.6: 131D-7: MSB- 



ill 

Ql 

(4] 



SPECIAL CARE UNIT RESIDENT PROFILE 
AND CARE PLAN 

In addition to the requirements in Rules 42D .1827 and 42D 
.1828 of this Subchapter, the facility shall assure the following: 

(1 ) Within 30 days of admission to the special care unit 
and quarterly thereafter, the facility shall develop a 
written resident profile containing assessment data 
that describes the resident's behavioral patterns, self- 
help abilities, level of daily living skills, special 
management needs, physical abilities and disabilities, 
and degree of cognitive impairment. 

(2) The resident care plan as required in Rule 42D .1828 
of this Subchapter shall be developed or revised based 



1140 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



"^ 



PROPOSED RULES 



on the resident profile and specify programming that 
involves environmental, social and health care 
strategies to help the resident attain or maintain the 
maximum level of functioning possible and 
compensate for lost abilities. 

Authority G.S. 131D-2: 131D-4.5; 131D-4.6; 131D-7; 143B- 
165; S.L. 99-0334. 

.1908 SPECIAL CARE UNIT STAFFING 

(a) Staff shall be present in the unit at all times in sufficient 
number to meet the needs of the residents; but at no time shall 
there be less than one staff person, who meets the orientation 
and training requirements in Rule .1901 of this Subchapter, to 
each eight residents on first and second shifts and one staff 
person to each ten residents on third shift. 

(b) There shall be a care coordinator on dutv in tlie unit at 
least eight hours a day, five davs a week. The care coordinator 
may be counted in the staffing required in Paragraph (a) of this 
Rule for units of 15 or fewer residents. 

(c) In units of 16 or more residents and any units that are 
freestanding facilities, there shall be a care coordinator as 
required in Paragraph (b) of tins Rule in addition to tlie staff 
required in Paragraph (a) of tliis Rule. 

Authority G.S. 131D-2; 131D-4.5: 131D-4.6: 131D-7: 143B- 
165; S.L 99-0334. 

.1909 SPECIAL CARE UNIT STAFF ORIENTATION 
AND TRAINING 

The facility shall assure that special care unit staff receive at 
least the following orientation and training: 

(1) Prior to establishing a special care unit, the 
administrator shall document receipt of at least 20 
hours of training specific to tlie population to be 
served for each special care unit to be operated. The 
administrator shall have in place a plan to train other 
staff assigned to the unit that identifies content, texts, 
sources, evaluations and schedules regarding training 
achievement. 

(2) Within the first week of employment, each employee 
assigned to perform duties iji the special care unit 
shall complete six hours of orientation on the nature 
and needs of the residents. 

(3) Within six months of employment, staff responsible 
for personal care and supervision within the unit shall 
complete 20 hours of training specific to the 
population being served in addition to the training and 
competency requirements in Rule .1410 of this 
Subchapter and the six hours of orientation required 
by this Rule. 

(4) Staff responsible for personal care and supervision 
within the unit shall complete at least 12 hours of 
continuing education annually, of which six hours 
shall be dementia specific. 



Authority G.S. 131D-2; 
165; S.L. 99-0334. 



131D-4.5; 131D-4.6; 131D-7; 143B- 



.1910 OTHER APPLICABLE RULES FOR SPECIAL 
CARE UNITS 

In addition to specific rules pertaining to special care units for 
residents in tins Section, such units shall also meet all other 
applicable requirements governing the operation of adult care 
homes as set forth in this Subchapter. 



Authority G.S. 131D-2; 131D-4.5. 
165; S.L. 99-0334. 



131D-4.6; 131D-7; 1438- 



SECTION .2000 - SPECIAL CARE UNITS FOR 
MENTAL HEALTH DISABILITIES 



.2001 



DEFINITIONS APPLICABLE TO SPECIAL 
CARE UNITS 

The following definitions shall apply throughout this Section: 



ill 



Special care unit means an entire facility or any 
section, wing or hallway within an adult care home 
separated by closed doors from the rest of the home 
that is designated or advertised especially for special 
care of residents with a mental health disability. 
(2) Care coordinator means a staff person in a special 
care unit who oversees resident care and coordinates, 
supervises and evaluates resident services to assure 
that each resident receives services appropriate to the 
individual' sneeds. 

Mental health disability means a lessened capacity to 
use self-control, judgment, and discretion in the 
conduct of an individual'saffairs and social relations 
that is related to a diagnosed mental illness and which 
makes it necessary or advisable for the individual to 
be under treatment for the mental illness and to 
receive care, supervision, and guidance. 



01 



Authority G.S. 131D-2; 
165: S.L. 99-0334. 



131D-4.5; 131D-4.6; 13ID-7; 143B- 



.2002 SPECIAL CARE UNIT DISCLOSURE 

(a) Only those facilities with units that meet the requirements 
of tliis Section may advertise or represent themselves to the 
public as providing special care for persons with a mental health 
disability. 

(b) The facility shall disclose information about the special 
care unit according to G.S. 131 D-7 and which addresses policies 
and procedures listed in Rule .2005 of this Section. 



Authority G.S. 131D-2; 131D-4.5; 131D-4.6; 131D-7; 
165; S.L. 99-0334. 



.2003 



143B- 



LICENSURE OF FACILITIES WITH SPECIAL 
CARE UNITS 

A facility that advertises or represents itself to the public as 
having a special care unit for residents with a mental health 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1141 



PROPOSED RULES 



disability and meets the requirements of this Section for special 
care units and the rules set forth [n this Subchapter shall be 
licensed as an adult care home with a special care unit. The 
license shall indicate that a special care unit for residents with a 
mental health disability is provided. 

Authority G.S. 131D-2; 131D-4.5: I31D-4.6: I31D-7; 143B- 
165: S.L 99-0334. 

.2004 SPECIAL CARE UNIT BUILDING 
REQUIREMENTS 

In addition to meeting all applicable building codes and 
licensure regulations for adult care homes, the special care unit 
shall meet the following building requirements: 

( 1 ) Plans for new or renovated construction or conversion 
of existing building areas shall be submitted to the 
Construction Section of the Division of Facility 
Services for review and approval. No special care 
unit for residents with a mental health disability shall 
serve more than 1 2 residents. A facility shall have no 
more than one special care unit for residents with a 
mental health disability. 

(2) If the special care unit is a portion of a facility, it shall 
be separated from the rest of the building by lockable 
doors. 

(3) Unit exit doors may be locked only if the locking 
devices meet the requirements outlined in the N.C. 
State Building Code for special locking devices. 

(4) Where exit doors are not locked, a system of security 
monitoring shall be provided. 

(5) The unit shall be located so that other residents, staff 
and visitors do not have to routinely pass through the 
unit to reach other areas of the building. 

(6) At a minimum the following service areas shall he 
provided within the special care unit: staff work area, 
nourishment station for the preparation and provision 
of snacks, and lockable space for medication storage. 
Living and dining space shall be provided within the 
unit at a total rate of 30 square feet per resident and 
may be used as an activity area. 
Direct access to an outside area shall be provided. 
A toilet and hand lavatory shall be provided within 
the unit for every Five residents. 
A tub and shower for residents" bathing shall be 
provided within the unit. 



a statement of mission and objectives regarding the 
specific population to be served by the unit which 
shall address, but not be limited to. the following: 



m 



(8) 
19) 



(10) A tub and 



Authority G.S. 131D-2: 13ID-4.5: 131D-4.6: I31D-7: 143B- 
165; S.L 99-0334. 

.2005 SPECIAL CARE UNIT POLICIES AND 
PROCEDURES 

The facility shall assure that special care unit policies and 
procedures are established, implemented by staff and available 
for review within the facility. In addition to all applicable 
policies and procedures for adult care homes, there shall be 
policies and procedures that address the following: 

(1 ) the philosophy of the special care unit which includes 



(a) 

lb) 

(c) 

id] 
(e) 



safe, secure. _ 
environment that 



familiar and consistent 



promotes community 



integration and minimal use of physical 

restraints or psychotropic medications: 

a structured but flexible lifestyle through a well 

developed program of care: 

the facility's policy regarding grouping of 

residents that takes age, interests, and 

behaviors into account; 



individualized care plans that stress the 
maintenance of residents' abilities and promote 
the highest possible level of physical and 
mental functioning; and 
methods of behavior management which 
preserve dignity through design of the physical 
environment, physical exercise, social activity, 
appropriate medication administration, proper 
nutrition and health maintenance; 

(2) the process and criteria for admission to and discharge 
from the unit; 

(3) the procedures shall include the following to ensure 
client rights, choice, and service coordination: 

(a) procedures shall specify the responsibility of 
both the facility and the area program to inform 
residents of client rights and available choices 
in treatment options and providers; 

(b) procedures shall specify that an area program 
shall provide mental health status and 
diagnostic evaluations and case management; 
and 

(c) these procedures shall be signed by the facility. 
the area program and shall be adhered to by 
any mental health treatment providers 
providing treatment to residents of the unit to 
ensure coordination among all parties. These 
procedures shall be reviewed and revised, as 
needed, on an annual basis; 

(4) procedures for safeguarding confidential information 
and ensuring that that such information is not further 
disclosed m accordance with G.S. 122C-55 (f); 

(5) a description of the special care services offered in the 
unit; 

(6) resident assessment and care planning, including 
opportunity for family involvement in care planning, 
and the implementation of the care plan. The care plan 
shall include resident involvement, as appropriate, in 
activities of daily living, participation in psychosocial 
programs or supported employment, and shall 
respond to changes in the resident'scondition; 

(7) safety measures addressing specific dangers or 
problems associated w ith the residents'condition such 
as aggressive behavior or other behavior management 
problems; 

(8) staff to resident ratios to meet the needs of the 



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PROPOSED RULES 



residents: 
(9) staff training based on the special care needs of the 
residents: 

( 10) physical environment and design features that address 
the needs of the residents: 

(11) activity plans based on personal preferences and 
needs of the residents: 

(12) opportunity for involvement of families in resident 
care and the availability of family support programs: 
and 

(13) additional costs and fees for the special care provided. 



Authority G.S. I31D-2; 131D-4.5: 13ID-4.6: I3ID-7: 143B- 
165; S.L 99-0334. 

.2006 ADMISSION TO THE SPECIAL CARE UNIT 

In addition to meeting all requirements specified in the rules 
of this Subchapter for the admission of residents to the home, 
the facility shall assure that the following requirements are met 



for admission to the special care unit: 

(1 ) A psychiatrist shall specify a diagnosis on 
resident's FL-2 that meets the conditions of 



the 

the 



specific group of residents to be served. 

(2) There shall be a documented pre-admission screening 
by the facility to evaluate the appropriateness of an 
individual's placement in the special care unit. 

(3) Any person seeking to be admitted to a special care 
unit shall be provided disclosure information required 
in G.S. 1 3 1 D-7 and any additional written 
information addressing policies and procedures listed 
in Rule .1905 of this Subchapter that is not included 
in G.S. I31D-7. This disclosure shall also be 
provided to family members of the person seeking 
admission upon request of the person or the family of 
the person and this disclosure shall be documented in 
the resident's record. 

(4) There shall be documented evidence that for any 
individual who is to be admitted to a special care unit 
for mental health disabilities, the facility has made 
arrangements with an area mental health program for 
evaluation and case management. Arrangements for 
treatment of the individual's mental illness and for 
any other needed mental health services shall be made 
in accordance with the signed procedures required by 
Rule .2005(3)(c) of this Section. 

Authority G.S. 131D-2; 131D-4.5: J31D-4.6: I31D-7: 143B- 
165: S.L. 99-0334. 

.2007 SPECIAL CARE UNIT RESIDENT PROFILE 
AND CARE PLAN 

In addition to the requirements in Rules 42D . 1 827 and . 1 828 
of this Subchapter, the facility shall assure the following: 

(I) Within 45 days of admission to the special care unit 
and quarterly thereafter, the facility shall develop a 



written resident profile containing assessment data 
that describes the resident's behavioral patterns, self- 
help abilities, level of daily living skills, special 
management needs, physical abilities and disabilities, 
and degree of cognitive impairment. 

(2) This profile shall be reviewed by the area program 
and, if applicable, by other providers of mental health 
treatment selected by the resident as part of the 
treatment planning process. The facility's resident 
care plan shall be developed jointly by the facility and 
all providers involved in the resident's services. 

(3) The resident care plan shall be based on the resident 
profile and shall specify programming that is 
individualized to meet the resident's treatment and 
rehabilitative needs and directed toward the goal of 
community integration to the greatest extent possible 
for the resident. 

Authority G.S. 131D-2: 13JD-4.5; I31D-4.6; 131D-7: 143B- 
165: S.L. 99-0334. 

.2008 SPECIAL CARE UNIT STAFFING 

(a) Direct care and supervisory staff requirements in 10 
NCAC 42D .1407 and .1413 shall apply and staff shaM 122 
present in the unit at all times in sufficient numbers to meet the 
needs of the residents. 

(b) There shall be a care coordinator on duty in the unit 8 
hours per day. 7 days per week. 

(c) Staffing shall be consistent so that rotation of staff on and 
off the unit is avoided except for emergency situations or to 
alleviate staff burnout. 

Authority G.S. I31D-2: I3ID-4.5: I3ID-4.6: 13ID-7: 1438- 
165: S.L. 99-0334. 

.2009 SPECIAL CARE UNIT STAFF ORIENTATION 
AND TRAINING 

The facility shall assure that special care unit staff receive at 
least the following orientation and training: 

(1) Prior to establishing a special care unit for residents 
with a mental health disability, the administrator shall 
document receipt of at least 20 hours of training 
specific to the population by a qualified mental health 
professional, as defined in 10 NCAC 14V .0104(18). 
for each special care unit to be operated. The 
administrator shall have in place a plan to train other 
staff assigned to the unit that identifies content, texts, 
sources, evaluations and schedules regarding training 
achievement. 

(2) Within the first week of employment, each employee 
assigned to perform duties in the special care unit 
shall complete six hours of orientation on the nature 
and needs of the residents. 

(3) Within six months of employment, direct care staff 
shall complete 20 hours of training specific to the 
population being served. 



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PROPOSED RULES 



(4) In addition to the training required in 1 NCAC 42D 
.1410, direct care staff assigned to the unit shall 
complete at least 8 hours of continuing education 
annually that is specific to the needs of the residents. 

Authority G.S. 13ID-2; 131D-4.5; 131D-4.6; I3ID-7; 143B- 
165; S.L 99-0334. 

.2010 RESIDENTS' RIGHTS 

In addition to rights specified in G.S. 131D-21. residents in 
a special care unit for mental health disabilities shall have all the 
rights set forth in G.S. 1 22C Article 3. Part 1 . Client'sRightsand 
as specified m Subchapters I4P.140.14R. and 14S which, for 
purposes of this Section, are incorporated by reference including 
all subsequent amendments and additions. In case of confiict. 
G.S.I22C Article 3 Part J_ and implementing regulations shall 
prevail. 



Authority- G.S. 13ID-2: 
165; S.L. 99-0334. 



.2011 



131D-4.5; 131D-4.6; 131D-7; 143B- 



OTHER APPLICABLE RULES FOR SPECIAL 
CARE UNITS 

In addition to s pecific rules pertaining to special care units for 
residents in this Section, such units shall also meet all other 
applicable requirements governing the operation of adult care 
homes as set forth in this Subchapter. 

Authority G.S. 131D-2; 131D-4.5; 131D-4.6; 131D-7; 143B- 
165; S.L 99-0334. 

SECTION .2100 - SPECIAL CARE UNIT FOR 
DEVELOPMENTAL DISABILITIES 

.2101 DEFINITIONS 

The following definitions shall apply throughout this Section: 



ill 



"Special care unit" means an entire facility or any 
section, wing or hallway within an adult care home 
separated by closed doors from the rest of the home. 
or a program provided by an adult care home, that is 
designated or advertised especially for persons with 
Alzheimer's disease or other dementias, a mental 
health disability, or other special needs disease or 
condition as determined by the Medical Care 
Commission. 



t2j 



"Developmental disability" means a severe, chronic 

disability of a person which; 

(a) is attributable to a mental or physical 

impairment or a combination of mental and 

physical impairments; 

is manifested before the persons attains age 22. 

unless the disability [s caused by traumatic 

head injury and is manifested after age 22; 

is likely to continue indefinitely; 

results in substantial functional limitations in 

three or more of the following areas of major 



(b) 



Ml 



life activity; self-care, receptive and expressive 
language, capacity for independent living, 
learning, mobility, self-direction and economic 
self-sufficiency; and, 
(e) reflects the person's need for a combination 
and sequence of special interdisciplinary, or 
generic care, treatment, or other services which 
are of a lifelong or extended duration and are 
individually planned and coordinated. 

Authority G.S. 131D-2; 13ID-4.5; 131D-4.6; 131D-7; 1438- 
165; S.L. 99-0334. 

.2102 ADMISSION TO A SPECIAL CARE UNIT 

Any individual with a developmental disability either in a 
'specialcare unit' within an adult care home, or being considered 
for admission to such a unit or discharge from such a unit must 
proceed through the Developmental Disabilities Single Portal of 
Entry and Exit process as is required for all persons with 
developmental disabilities residing in. being considered for 
admission or being discharged from an adult care home pursuant 
to G.S. 122C-I32.I and 10 NCAC 16A. 0400. 

Authority G.S. 131D-2; 131D-4.5; 131D-4.6; 131D-7; 143B- 
165; S.L. 99-0334. 

SECTION .2200 - ADULT CARE HOME LICENSE 
ELIGIBILITY 

.2201 DEFINITIONS 

Rule 10 NCAC 42C .3901 shall control for this Subchapter. 

Authority G.S. 131D-2; 131D-4.5; 143B-165; S.L. 99-01 13; S.L. 
99-0334. 

.2202 PERSONS NOT ELIGIBLE FOR NEW ADULT 
CARE HOME LICENSES 

Rule 10 NCAC 42C .3902 shall control for this Subchapter. 

Authority G.S. 131D-2; 131D-4.5; 143B-I65;S.L 99-0113; S.L. 
99-0334. 

.2203 ADULT CARE HOMES NOT ELIGIBLE FOR 
LICENSE RENEWAL 

Rule 10 NCAC 42C .3903 shall control for this Subchapter. 

Authority G.S. 131D-2; 131D-4.5; 143B-I65; S.L. 99-1 13; S.L. 
99-0334. 

SECTION .2300 - EFFECTIVE DATE OF 
TEMPORARY RULES 

.2301 CHANGE OF EFFECTIVE DATE OF 
TEMPORARY RULES 

The effective date of temporary Rules . 1 302. .1401. .1402. 
.1410. .1411. .1412. .1415. .1503. .1605. .1804. .1821. .1901- 



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-«S5 



PROPOSED RULES 



. 1910. .2001-.2011.. 2101.. 2102.. 2201-.2203 of thisSubchapter 
is changed to January 1 . 2000. 

Authority G.S. 131D-2; 131D-4.5: 143B-I65; S.L 99-0334. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-2I.2 
that the North Carolina Wildlife Resources Commission 
intends to amend rule cited as 15A NCAC ] OF .0332. Notice of 
Rule-making Proceedings was published in the Register on 
October 15. 1999. 

Proposed Effective Date: July 1. 2000 

A Public Hearing will be conducted at 10:00 am on January 
20. 2000 in Room 332 of the Archdale Building, 512 N. 
Salisbuiy Street. Raleigh. NC 27603. 

Reason for Proposed Action: The Ale.xander County Board of 
Commissioners initiated the No-Wake Zone pursuant to G.S. 
75A-15. to protect public safety in the area by restricting vessel 
speed. The Wildlife Resources Commission may adopt this as a 
temporaiy rule pursuant to G.S. 150B-2 1. 1(a) following the 
abbreviated notice as indicated in the notice of rule-making 
proceedings orfollowing the public hearing and public comment 
period as indicated in this notice. 

Comment Procedures: Interested persons may present their 
views either orally or in writing at the hearing. In addition the 
record of hearing will be open for receipt of written comments 
through Februaiy 3. 2000. Sitch written comments must be 
delivered or mailed to the NC Wildlife Resources Commission, 
512 N. Salisbuty Street. Raleigh. NC 27604-1188. 



Fiscal Impact 
State Local 
/ 



Sub. None 



CHAPTER 10 - WILDLIFE RESOURCES 
AND WATER SAFETY 



SUBCHAPTER lOF 



MOTORBOATS AND WATER 
SAFETY 



SECTION .0300 - LOCAL WATER SAFETY 
REGULATIONS 

.0332 ALEXANDER COUNTY 

(a) Regulated Area. This Rule applies only to those waters of 
Lake Hickory set out in this Rule which are located in Alexander 
County. 

( 1 ) the waters beginning 50 yards from the southeast end 



of the marina and ending at Rink Dam; 

(2) the waters within 50 yards of the Taylorsville Beach 
Marina. Marina: and 

(3) the waters within 50 yards of the Bethlehem Marina. 

(b) Speed Limit. No person shall operate any motorboat or 
vessel at greater than no-wake speed within 50 yards of any 
public boat launching ramp or while on the waters of any 
regulated areas designated in Paragraph (a) of this Rule. 

(c) Placement and Maintenance of Markers. The Board of 
Commissioners of Alexander County is designated a suitable 
agency for placement and maintenance of the markers 
implementing this Rule, subject to the approval of the United 
States Coast Guard and the United States Army Corps of 
Engineers, if applicable. 

Authority' G.S. 75A-3; 75A-15. 



TITLE 19A - DEPARTMENT OF TRANSPORTATION 

Notice is hereby given in accordance with G.S. 150B-2L2 
that the North Carolina Department of Transportation - 
Division of Motor Vehicles intends to amend rides cited as 19 A 
NCAC 3G .0203, .0205 - .0207. .0209. .0213. Notice of Rule- 
making Proceedings was published in the Register on October 
1. 1999. 

Proposed Effective Date: August 1, 2000 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): A demand for a 
public hearing must be made in writing and mailed to Emily 
Lee. NCDOT. POBo.x 25201. Raleigh. NC 27611. The demand 
must be received within 15 days of the Notice. 

Reason for Proposed Action: Rules are proposed for 
amendment to reflect the requirements of Settlement Agreement 
between the NC Division of Motor Vehicles and the US 
Department of Justice. The terms of the agreement required 
DMV to amend rides and include the concepts of individualized 
assessment and reasonable accommodation in certification of 
school bus drivers. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rule by mailing the comments 
to Emily Lee, NC DOT, PO Bo.x 25201. Raleigh. NC 27611 
within 30 days after the proposed rules are published or until 
the date of any public hearing held on the proposed whichever 
is longer. 



Fiscal Impact 
State Local 



Sub. None 



CHAPTER 3 - DIVISION OF MOTOR VEHICLES 



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1145 



PROPOSED RULES 



SUBCHAPTER 3G - SCHOOL BUS AND TRAFFIC 
SAFETY SECTION 

SECTION .0200 - SCHOOL BUS DRIVER TRAINING 
AND CERTIFICATION 

.0203 SCHOOL BUS DRIVER CERTIFICATES - 
SCOPE OF RULES 

The officials of the North Carolina Division of Motor Vehicles 
recognize the authority of the local school officials of the 
various county and city administrative units to select, assign, and 
dismiss school bus drivers. School offic i als of the va ri ous city 
and cou n ty administrative units may adopt r ules which are mo r e 
restrictive than those dev e loped by the Division of Moto r 
Vehicles, but such rules shall not weaken o r liberalize the rules 
of the Divisio n . The rules set out in this Section define the 
eligibility requirements for certification of school bus drivers as 
established by the Division of Motor Vehicles and set the 
standards of performance and conduct necessary to retain 
certification. 

Authority G.S. 20-39(b): 20-218. 

.0205 ISSUING OF ORIGINAL CERTIFICATE 

Any applicant for certification as a school bus driver shall 
meet the following minimum requirements: 
(1) Legal: 

(a) Shall be at least 1 8 years of age with at least 6 
months driving experience as an operator of a 
motor vehicle, and shall possess a valid North 
Carolina driver license of Class A, B, or C. In 
the event a prospective driver shall have his 
place of residence in another state, he may be 
certified as a school bus driver if he submits a 
copy of his driving record from the state in 
which he is licensed before his initial 
certification. certification and eve r y six 
months the r eafte r . Also, he must notify both 
his employer and the N.C. School Bus and 
Traffic Safety Section within 30 days of a 
conviction of any moving violation no matter 
what type of yehicle he was driving. 

(b) Shall within a period of one year ( 1 2 months) 
immediately preceding certification have on his 
driving record: 

(i) No more than one conviction of any 

moving violation; 
(ii) No conviction whatever of: 

(A) Reckless driving, 

(B) Speeding in excess of 15 mph 
above the posted limit, or 

(C) Passing a stopped school bus; 
(iii) No conviction of a moving violation 

which was the proximate cause of an 
accident. 

(c) Shall within a period of two years (24 months) 



(d) 



(2) 



immediately preceding certification have on his 
driving record no suspension or revocation of 
the driving privilege other than for such status 
offenses as: 

(i) Lapsed liability insurance; 
(ii) Failure to appear in court; 
(iii) Failure to comply with out-of-state 

citation; or 
(iv) A t en-day 30 day revocation not 

accompanied by a subsequent 

conviction of driving while impaired. 
Shall within a period of five years (60 months) 
immediately preceding certification have on his 
driving record: 
(i) No more than three convictions of 

moving violations of any kind; 
(ii) No more than two convictions of 

moving violations which were the 

proximate causes of accidents; 
(iii) No conviction of driving while impaired; 
(iv) No suspension or revocation of the 

driving privilege other than for: 

(A) Those status offenses 
enumerated in Paragraph (c) of 
this Rule, 

(B) Those offenses enumerated in 
G.S. 20- 16(a), subsecfions (9) 
and (10). 

(e) Shall have on his driving record no more than 
one conviction of driving while impaired. 

(0 Shall have no "STOP" entry appearing on his 
driving record at the time of certification. 

(g) Shall have no record of any conviction of a 
violation of the criminal code greater than a 
misdemeanor for a period of at least five years 
immediately preceding certification. Further, 
shall never have had in any jurisdiction a 
conviction of an offense against the public 
morals, including but not limited to rape and 
child molestation. 

(h) Shall have a driving record which in its overall 
character arouses no serious question about the 
reliability, judgment, or emotional stability of 
the applicant, 
(i) Shall successfully complete the training course 
for school bus drivers. 

Physical Standards for School Bus Drivers. Shall 

Every school bus driver shall : 

(a) meet Meet the physical standards set forth in 
the Fede r al Moto r C arrier Safety Regula t ions, 
Section 3 9 1.4 Kb), which — are — hereby 
in cor p orated — by — reference, — i ncludi n g — att 
subsequent revisions and editions, by the 
Medical Advisor, Division of Motor Vehicles. 

(b) On and after July L 2(J01 at the time of his 
original certification as a school bus driver 
submit a medical report on a form provided by 



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PROPOSED RULES 



the Division and signed by a physician licensed 
to practice in North Carolina, and submit such 
a medical Form every two years thereafter. 

(c) On or before June 30. 2002 if he is certified 
before June 30. 2001. submit a medical report 
on a form provided by the division and signed 
by a physician licensed to practice in North 
Carolina and submit such a medical re port 
form every two years thereafter. 

(d) Be required at any time to submit a medical 
report on a form provided by the Division and 
signed by a physician license to practice in 
North Carolina if the Division has good and 
sufficient cause to believe the driver may not 
meet the physical standards noted in (2)(a) of 
this Rule. 



Authority G.S. 20-39(b); 20-218. 

.0206 PERIOD OF CERTIFICATION 

A school bus driver certificate shall expire on the expiration 
date of the driver's commercial driver license, be valid fo r a 
period of four years, more or less, from the da t e of ce r tification. 
Dat e of expiration will be the drive r 's bi r thday in the fourth 
calendar year following certification. — For drivers who are 
al r eady 65 years of age or older, the date of expiration will be 
th e d r ive r 's bi r thday i n the next cale n da r year. For d r ivers who 
wrH tu r n 65 in less than fou r y ea i^ s. the dale of expiration will be 
the drive r 's birthday in the calendar year in which he tu rn s 65. 

Aiithorit}- G.S. 20-39(b): 20-218. 

.0207 RENEWAL OF CERTIFICATION 

Every driver must be re-certified at the time of the expiration 
of his Commercial Driver License upon passing the three written 
tests (general knowledge, passenger transport, and air brakes), 
a pre-trip inspection observation, a driving test, a r oad test o r 
route observation, and an eye test. A driver may be exempted 
from the written tests, provided he has accumulated no more 
than three points on his driving record since his last certification 
and has had at least one hour of in-service training for each year 
since his last certification. A driver whose certification expires 
may be re-certitled within 30 days in the same manner as though 
his certification had not expired. Any driver whose certification 
expires for more than 30 days may be re-certified within the next 
year following the expiration upon passing the three written tests 
(general knowledge, passenger transport, and air brakes), the 
three skills tests (pre-trip inspection, basic skills, and road), and 
an eye test. If more than one year has elapsed since the 
expiration of the most recent certification, the applicant must 
complete the full training course required of a beginning driver. 

Authority G.S. 20-39(b): 20-218. 

.0209 CANCELLATION OF CERTIFICATION 

The Division of Motor Vehicles shall cancel the school bus 



driver certificate of any driver for the following reasons: 

(1) Any determination that the certificate was issued on 
the basis of misinformation, false statements, or fraud. 

(2) A suspension, revocation, or cancellation of the driver 
license. 

(3) Conviction of any of the following motor vehicle 
moving offenses; 

(a) Driving while impaired; 

(b) Passing a stopped school bus; 

(c) Hit and run; 

(d) Reckless driving; 

(e) Speeding more than 15 mph above the posted 
limit; 

(f) Two convictions within a period of 1 2 months; 

(g) A violation committed while operating a 
school bus. 

(4) A determination of physical or mental inadequacy 
under the provisions of the physical requirements 
noted in Rule .0205 of this Section. 

(5) A local cancellation of certification, in the discretion 
of the local administrative unit, for violation of local 
regulations, submitted formally to the Driver 
Education Specialist for cancellation at the state level. 
If there is not an offense or conviction that would 
require a mandatory cancellation by the Section, the 
Driver Education Specialist shall handle the 
cancellation locally by canceling the certificate at the 
garage and retain the pocket card in his files. 

(6) Upon recommendation of the Driver Education 
Specialist or local school officials, the Division of 
Motor Vehicles may require re-examination of any 
certified driver whose qualifications become 
questionable or who exhibits evidence of improper or 
unsafe driving practices and driving procedures. If 
such a re-examination reveals a significant problem, 
the Driver Education Specialist shall have the 
authority to suspend the certified driver from driving 
any school bus pending re-training of the driver. If the 
problem cannot be corrected, the Driver Education 
Specialist shall have the authority to cancel the 
certification of the school bus driver. 

(7) A driving record which in its overall character arouses 
serious question about the reliability, judgment, or 
emotional stability of the driver. 

Authority G.S. 20-39(b); 20-218 

.0213 RENEWAL OF CERTIFICATION AFTER 
CANCELLATION 

(a) Any driver whose school bus driver certificate has been 
canceled shall not be eligible to apply for re-certification for a 
period of six months from the date of cancellation. Any person 
so applying must be recommended by the superintende nt o r 
pri n c ip al of the a school official and shall be required to 
complete the full training course required for a beginning driver. 
Such person must meet all the requirements of an original 



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1147 



PROPOSED RULES 



applicant. 

(b) The only exceptions to this policy shall be in the case of 
a local cancellation, in which a written request from the a school 
au t horities olTicial will be required, and in the case of a 
suspension for the duration of a status offense such as lapsed 
liability insurance, failure to appear in court, or failure to comply 
with an out-of-state citation. 

(c) For the purposes of this Section a 30 day t e n-day 
revocation shall be considered a suspension for an actual driving 
action. The driver will remain suspended until the actual 
adjudication of the case. If at the actual adjudication of the case 
the driver is found not guilty of driving while impaired, he may 
be re-instated. If the driver is found guilty of driving while 
impaired, his suspension will be declared fully effective, and he 
will not be considered for re-certification for a period of five 
years following the date of conviction. 

Aiithorin- G.S. 20-39(b): 20-218. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 
CHAPTER 2 - BOARD OF ARCHITECTURE 

Notice is liereby given in accordance with G.S. 1508-21. 2 
that the NC Board of Architecture intends to amend rules 
cited as 21 NCAC 2 .0302 and .0303. Notice of Rule-making 
Proceedings was published in the Register on October 15, 1999. 

Proposed Effective Date: July 1. 2000 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): Requests for 
public hearing must be submitted in writing to Kathleen M. 
Hansinger, NC Board of Architecture, 127 W. Hargett St., Rm. 
304. Raleigh, NC 27601, within fifteen days of this publication. 

Reason for Proposed Action: 21 NCAC 2 .0302 - Allows 
certain individuals to use the title "Architectural Intern". 
21 NCAC 2 .0303 - The Board has received requests from 
individuals who do not qualify for a license under the current 
rules to consider an alternative method of granting a license by 
reciprocity. 

Comment Procedures: Written comments must be submitted to 
tlie Board Office, 137 W. Hargett St., Room 304. Raleigh, NC 
27601 within 30 days of this publication. 

Fiscal Impact 
State Local Sub. None 
/ 

SECTION .0300 - EXAMINATION PROCEDURES 

.0302 WRITTEN EXAMINATION 

(a) Licensure Examination. All applicants for architectural 



registration in North Carolina by examination must pass the 
Architectural Registration Examination (ARE), prepared by the 
National Council of Architectural Registration Boards 
(NCARB). Provided, applicants who have never been registered 
in any state or territory may transfer credits for portions of the 
examination previously passed in another state if at the time of 
taking the exam elsewhere they otherwise qualified for taking 
the exam under the rules in this Chapter. 

( 1 ) Description. The nature of the examination is to place 
the candidate in areas relating to actual architectural 
situations whereby his abilities to exercise competent 
value judgements will be tested and evaluated. 

(2) Qualifications. The prequalifications necessary for an 
applicant's admission to the Architectural Registration 
examination (ARE) are as follows; 

(A) be of good moral character as defined in North 
Carolina General Statute 83A-1(5); 

(B) be at least 1 8 years of age; 

(C) Beginning July 1, 1991, the professional 
education qualification shall be a NAAB 
(National Architectural Accrediting Board) 
accredited professional degree in architecture; 
provided that an applicant whose education 
equivalents otherwise qualified under the 
Board's rules in effect prior to 1 989 may apply 
for admission to the Architectural Registration 
Examination. However, an applicant who does 
not hold a NAAB accredited professional 
degree may not accumulate more than three and 
one half years of education credits in the 
aggregate from all degree programs in which 
he was enrolled. Further provided, the 
applicant must file with the Board by 
December 31, 1991, a notice of intent to sit for 
the examination on or before June 30, 1995; 

(D) if an applicant failed to send the notice of 
intent under Part (a)(2)(C) of this Rule and 
does not have the five-year professional degree 
in architecture from an NAAB accredited 
institution, the Board in its discretion, may 
admit the applicant to sit for the ARE for the 
first time no later than the June 1996 exam 
only upon each of the following conditions: 

(i) the applicant received a four-year degree 
in architecture from an NAAB 
accredited institution prior to 1989; and 

(ii) the applicant's education equivalents 
otherwise qualified under the Board's 
rules in effect prior to 1989; and 

(iii) the applicant completely qualified and 
applies for the exam no later than March 
1, 1996; and 

(iv) the applicant has demonstrated a 

continuing intention to seek licensure in 

North Carolina by either: 

(I) completing the four-year degree 

in architecture in North Carolina; 

or 



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14:13 



PROPOSED RULES 



(II) obtaining the practical training or 

experience required by Part 

(a)(2)(E) of this Rule in North 

Carolina; and 

(E) All applicants who apply for architectural 

registration subsequent to July 1 , 1 987 shall be 

required to follow the Intern Development 

Program (IDP) through the National Council of 

Architectural Registration Boards or an 

equivalent program approved by the North 

Carolina Board of Architecture in order to 

satisfy the requirements of this Section. 

(b) Retention of Credit. Transfer credits for parts of the 
examination passed prior to the 1 983 Architectural Registration 
Examination (ARE), shall be as established by the Board. 
Information as to transfer credits shall be available at no cost at 
the Board Office. 

(c) Practical Training. Practical training means practical 
experience and diversified training as defined by the Intern 
Development Program (IDP) through the National Council of 
Architectural Registration Boards. However, the Board reserves 
the right to judge each case on its own merits. 

(d) Personal Audience. The candidate may be required to 
appear personally before the examining board or a designated 
representative of the Board and afford the Board an opportunity 
to judge his natural endowments for the practice of architecture, 
his ethical standards, and by questions gain further knowledge 
of his fitness for the practice of architecture. The time for this 
audience will be set by the examining body. 

(e) Grading. The ARE shall be graded in accordance with the 
methods and procedures recommended by the NCARB. 

(1) An applicant must receive a passing grade in each 
division. Grades from the individual divisions may 
not be averaged. A passing grade for any division on 
any examination taken after July 1, 1996, shall be 
valid only for five years. 

(2) Each candidate shall be assigned a number by the 
Board that will be unique for each candidate. This 
number together with photo identification, shall be 
required for admittance to the examination. 

(f) A person currently employed under the responsible control 
of an architect, who holds a first Professional Degree from a 
NAAB accredited program, and who maintains in good standing 
or has successfully completed a National Council of 
Architectural Registration Boards Record in the Intern 
Development Program (IDP) may use the title "Architectural 
Intern" in conjunction with his current employment. 

Authority G.S. 83A-1; 83A-6: 83A-J2. 

.0303 REGISTRATION BY RECIPROCITY 
WITHOUT WRITTEN EXAMINATION 

(a) Registration by "Blue Cover." The only means of 
individual reciprocity recognized by the Board is for an 
individual to hold a current license in good standing from 
another state and a Council Certificate (also known as "Blue 
Cover") issued by the National Council of Architectural 



Registration Boards (NCARB) or comply with the requirements 
of Paragraph (b) of this Rule. Upon receipt of a verified 
application from NCARB and the payment of the individual 
license application fee, the Board, in its discretion, may issue a 
license to an applicant without written examination as provided 
in G.S. 83 A-7(b). Revocation of the "Blue Cover" certificate by 
NCARB shall automatically terminate the architect's license to 
practice in North Carolina until such time as the "Blue Cover" 
is reinstated by NCARB. 

(b) Registration other than "Blue Cover." The Board may 
grant a reciprocal certificate to an individual who does not hold 
a "Blue Cover" but who submits an NCARB "Buff Cover", or 
other verified evidence that he and meets the following 
requirements: 

( 1 ) the applicant has been continuously licensed in good 
standing in another jurisdiction; and 

(2) the applicant otherwise met the requirements for the 
"Blue Cover" or North Carolina registration in effect 
at the time of his original registration as an architect; 
and 

(3) the applicant agrees to an interview with the Board or 
a designee to satisfy the Board that he has had 
sufficient recent architectural practice experience to 
be able to competently practice architecture in this 
state. 

Antlwrit}- G.S. 83A-6; 83A-7. 

CHAPTER 36 - BOARD OF NURSING 
SEE PAGE 1090 IN THIS ISSUE 

CHAPTER 37 - NORTH CAROLINA STATE 

BOARD OF EXAMINERS FOR NURSING 

HOME ADMINISTRATORS 

Notice is hereby given in accordance with G.S. I50B-21.2 
that the North Carolina State Board of Examiners for 
Nursing Home Administrators intends to amend nile(s) cited as 
21 NCAC37d.0302 - .0303, .0403. .0405. .0407. .0502. .0601. 
.0605. .0701; 37E .0101-.0102. 37F .0101-.0102; 37G .0201; 
37H .0102. .0104; 371 .0101 and adopt 37D .0504. .0704. 
Notice of Rule-making Proceedings was published in the 
Register on October 15. 1999. 

Proposed Effective Date: July 1. 2000 

Instructions on How to Demand a Public Hearing (nntst be 
requested in writing within 15 days of notice): Written requests 
for a public hearing should be addressed to Jane Baker. 
Executive Director. 3733 National Drive, Suite 228. Raleigh, NC 
27612. 



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1149 



PROPOSED RULES 



Reason for Proposed Action: These rules clarify requirements 
for the AIT program and Preceptor responsibilities; define 
supervisorx experience: clarify National and State examinations 
and passing scores, increase reciprocal application fees; set 
forth the additional conditions for the issuance of temporary 
licenses and changes regarding inactive license status, and 
allow continuing education credit for ser\'ice as a preceptor. 
The rules proposed herein for rulemaking address national and 
state examinations and standards of practice issues related to 
licensure requirements, the Preceptor and Administrator in 
Training programs and continuing educations. The proposed 
rules will not affect state or local funds and will have only a 
minimal economic impact on certain licensees. 

Comment Procedures: Written comments must be submitted 
within 30 days of publication of this notice and should be 
addressed to Jane Baker. Executive Director. 2733 National 
Drive, Suite 228, Raleigh, NC 27612. 



Fiscal Impact 
State Local 



Sub. 



None 
/ 



SUBCHAPTER 37D - NEW LICENSES 

SECTION .0300 - EDUCATION, EXPERIENCE 
AND REQUIRED COURSE 

.0302 COMBINATION OF EDUCATION 
AND EXPERIENCE 

A combination of education and experience shall comply with 
the following requirements: 

(1) A minimum of one year of college credit from an 
accredited institution with a cumulative average of at 
least a 2.0 grade point average on a 4.0 point scale. 

(2) Supervisory experience may be substituted for up to 
one year of education at the rate of two years 
experience for one year of education credit. 
Supervisory experience for purposes of this Section 
means having continuous, direct management 
responsibility, including some responsibility for 
hiring and firing, over the equivalent of at least one 
full-time employee. Such supervisory experience 
shall have been in a nursing home within the five 
years preceding the date of application. For purposes 
of this Rule, "supervisory experience" means full-time 
service as a department head or licensed professional 
supervising one or more employees. 

Authority G.S. 90-278. 

.0303 REQUIRED COURSE 

The course prescribed by the Board pursuant to G.S. 90- 
278(c) shall be comprised of in-class, field and correspondence 
components included in the current description of the Basic 
Nursing Home Administrator Course provided by the School of 
Public Health at UNC-Chapel Hill or its substantial equivalent 



as approved by the Board. An applicant with a health care 
administration degree may request m writing that the Board 
approve college courses as substantially equivalent to portions 
of the required course, provided the applicant tests out of 
portions of the required course with a passing score of at least 70 
per cent. 

Authority G.S. 90-278. 

SECTION .0400 - ADMINISTRATOR-IN-TRAINING 

.0403 TRAINING PERMIT 

(a) After the inter\ iew and approval, and upon notification 
from the preceptor of the starting date of the AIT program, the 
Board shall issue an AIT training permit to the applicant for a 
maximum one-year period beginning on the date the permit is 
issued. 

(b) Should the AIT or the Preceptor not maintain acceptable 
standards and submit the required reports, the Board may revise, 
suspend, or rescind p lace the AIT on probation or may rescind 
the AIT training permit. 

Authority G.S. 90-278; 90-285. 

.0405 ADMINISTRATOR-IN-TRAINING 
PROGRAM 

(a) The preceptor shall evaluate and recommend to the Board 
the length of the AIT program required to teach the core of 
knowledge as outlined in 2 1 NCAC 37D .0605 before accepting 
the AIT to train in a facility approved by the Board subject to the 
following provisions: 

(1) in determining the length of the AIT program, the 
preceptor shall consider the strengths and weaknesses 
of the AIT applicant as it relates to his/her education 
and past supervisory experience. (An invento r y sheet 
shall be provided to help the p r ece p toi determine the 
knowledge of the AIT ap p licant); 

(2) the AIT program shall be presented to the Board by 
the preceptor and the AIT during the personal 
interview as required under Rule .0402(e) of this 
Section; and 

(3) except as otherwise allowed under Rule .0412 of this 
Section, all AITs shall serve a minimum of 12 weeks 
in the AIT program, plus any additional weeks as 
determined by the Board. In determining whether to 
require additional weeks in addition to the 12 week 
minimum, the Board shall consider the 
recommendation of the preceptor, and the Board's 
independent consideration of the AIT applicant's 
education, training and experience relevant to 
operating a health care facility. 

(b) An AIT applicant who is working toward or has 
completed a baccalaureate or masters degree in nursing home 
administration or a related health care administration field shall 
serve a minimum of 12 weeks in the AIT program as part of 
his/her educational curriculum in a North Carolina licensed 



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PROPOSED RULES 



nursing home under the supervision of an approved preceptor. 

(c) An AIT shall complete a basic Nursing Home 
Administrator course approved by the Board within two years 
preceding an application for licensure. 

(d) Within one year after At the completion of the approved 
AIT program and upon successfully passing the examinations as 
required by the Board, the AIT may submit a licensure 
application and fee as provided in Rules 37D .0201 and .0202. 
and may shtiH be issued a license. 

Authority G.S. 90-278: 90-285. 

.0407 AIT TIME ON THE JOB 

(a) The AIT shall serve an internship recommended by the 
preceptor and approved by the Board with a minimum of 40 
hours per week week, principally during the hours that the 
preceptor is on duty . The minimum AIT program is 1 2 weeks, 
which may not be reduced except as stated in G.S. 90-278( 1 )d 
and Rule .04 1 2 of this Section. 

(b) An internship which has been discontinued by a period of 
military service shall be allowed to be completed within a year 
after that service. 

(c) An internship which has been discontinued for any 
purpose other than military service cannot be completed if the 
absence exceeds one year from the date of discontinuance. 

(d) Only one discontinuance is allowed. 

Authority- G.S. 90-278: 90-285. 

SECTION .0500 - PRECEPTORS 

.0502 PRECEPTOR QUALIFICATIONS 

(a) To be certified as a preceptor the nursing home 
administrator shall: 

(1) exemplify the highest ethical and professional 
standards and not have violated any standards stated 
in G.S. 90-285.1; 

(2) have been the administrator of record of a nursing 
home facility for a minimum of two years or have a 
masters degree in health care administration and have 
been the administrator of record of a nursing home 
facility for a minimum of one year; 

(3) certify that no revocation proceeding, suspension of 
admissions, or provisional license has been initiated 
or is in effect against his facility(ies); 

(4) express himself well and be at ease in a teaching 
situation; 

(5) be the a full time administrator of record of a facility 
that is licensed by the Division of Facility Services as 
a nursing home; 

(6) successfully complete a preceptor training course 
approved by the Board within the past two years; and 

(7) complete 40 hours of continuing education during the 
24 months preceding application for certification. 

(b) A preceptor shall be recertified biennially by the Board in 
accordance with the qualifications as set out in Paragraph (a) of 



this Rule at the time of license renewal. 

(c) The preceptor and the AIT shall spend a minimum of four 
hours per week in orientation, direct instruction, planning and 
evaluation. 

(d) An administrator licensed by reciprocity/endorsement 
who held an active preceptor certificate in another state may also 
receive a North Carolina preceptor certificate if all other 
requirements are met. 

(e) Any administrator who otherwise meets all requirements 
of this Rule except for completion of the approved course under 
Subparagraph (a)(6) of this Rule and who has previously been 
certified as a preceptor may be issued a temporary preceptor 
certificate by the Board until such course is completed. 

Authority G.S. 90-276(5): 90-278: 90-285(11). 

.0504 PRECEPTOR COMPLIANCE 

Failure to comp ly with the supervision and reporting 
requirements of these rules shall constitute grounds for 
discipline of the preceptor as well as grounds for revision. 
suspension or recision of the training permit. 

Authority G.S. 90-278: 90-285. 

SECTION .0600 - NATIONAL EXAM 

.0601 ELIGIBILITY 

(a) To be eligible to take the national exam, an applicant 
shall: 

be approved for an AIT program which which, along 

with the required course prescribed in 21 NCAC 

.0303 . shall be completed within 45 days after the 

exam; or 

be exempt pursuant to G.S. 90-278(1 )(d); or 

be a reciprocal applicant whose prior exam scores do 

not meet current N.C. requirements. 

(b) Upon the third failure of any exam required by the Board, 
the AIT and the preceptor shall submit to the Board a program 
to strengthen the candidate "s weakness as demonstrated by the 
previous exam results. Upon approval by the Board of the 
program and completion thereof by the candidate, he shall be 
eligible to retake the exam. 

(c) Upon the failure of any examination the fourth time, the 
AIT shall be disqualified from continuing in the program. 
Nothing in this Rule shall be construed to prevent the applicant 
from reapplying for entrance to the AIT program. 

Authority- G.S. 90-278: 90-285. 

.0603 NATIONAL EXAMINATION 
ADMINISTRATION 

(a) Tlie national exam shall be offered four times annually on 
the second Tliu r sday in the months of January, April, July and 
October. The applicant may sit for the national examination 
consistent with the examination schedule established by the 
National Association of Boards of Examiners of Long Term 



(1) 



(2) 
(3) 



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1151 



PROPOSED RULES 



Care Administrators (NAB). 

(b) An applicant shall sit for and pass the national and state 
exams within one year of the date of completion of the AIT 
program in order to meet the AIT requirement. 

(c) An applicant shall pay two hundred dollars ($200.00) the 
exam fees each time he takes the national examination. 

Authority- G.S. 90-280: 90-285. 

.0605 SUBJECT AREAS 

The national examination shall include, but need not be 
limited to, the following subjects: 

(1) Resident Care Management, 

(2) Personnel Management, 

(3) Financial Management, 

(4) Environmental Management, 

(5) Regulato r y — Management. 
Management. 

(6) O r gani z ational Management. 



Governance and 



Authority G.S. 90-278: 90-285. 

SECTION .0700 - STATE EXAM 

.0701 ELIGIBILITY 

(a) To be eligible to take the state examination, the applicant 
shall be qualified under Rules .0601 and .0603(b) of this 
Subchapter. 

(b) Upon the third failure of any exam required by the Board, 
the AIT and the preceptor shall submit to the Board a program 
to strengthen the candidate's weakness as demonstrated by the 
previous exam results. Upon approval by the Board of the 
program and completion thereof by the candidate, he shall be 
eligible to retake the exam. 

(c) Upon the failure of any examination the fourth time, the 
AIT shall be disqualified from continuing in the program. 
Nothing in this Rule shall be construed to prevent the applicant 
from reapplying for entrance to the AIT program. 

Authority G.S. 90-285. 

.0704 GRADE REQUIRED 

Each candidate for a nursing home administrator's license 
shall be required to pass the licensing examinations with a grade 
of at least 75 percent. 

Authority G.S. 90-285. 

SUBCHAPTER 37E - RECIPROCITY/ENDORSEMENT 

SECTION .0100 - APPLICATIONS 

.0101 APPLICATION PROCESS 

(a) The Board may issue a license to a nursing home 
administrator who holds a nursing home administrator license 
issued by the proper authorities of any other state, upon payment 



of the current licensing fee, successful completion of the state 
examination, and submission of evidence satisfactory to the 
Board as to the following: 

(1) such applicant for licensure shall have personal 
qualifications, education, training and experience at 
least substantially equivalent to those required in this 
state; 

(2) such applicant shall be licensed in another state that 
gives similar recognition and reciprocity/endorsement 
to nursing home administrator licenses of this state; 

(3) such applicant for license by reciprocity/endorsement 
holds a valid active license as a nursing home 
administrator in the state from which he is 
transferring; and 

(4) such applicant shall appear before the Board for a 
personal interview. 

(b) If the applicant for reciprocity does not submit evidence 
satisfactory to the Board as required by Subparagraph (a) (l) or 
(a) (2), of this Rule, the Board may issue a temporary reciprocal 
license for six months u pon the f ollowing conditions: 

(1 ) Within one month of expiration of the temporary 
reciprocal license, submission of a statement that the 
temporary licensee has administered the nursing home 
in a manner satisfactory to the nursing home owner or 
representative of the owner, or 

(2) Completion of Continuing Education course(s) that 
the Board may require as a condition of issuance of a 
temporary reciprocal license. 

Authority G.S. 90-280: 90-285. 

.0102 APPLICATION CONTENTS 

An applicant for reciprocity/endorsement shall submit, three 
weeks prior to the personal interview: a completed application, 
background — resume, — ce r tifi e d coll e g e — t r ansc r i p t(s), — three 
refe r e n ce forms (one of which shall be from an employer) from 
i ndividuals not r elated to th e a pp lica n t who shall certify to the 
good m oral cha r acter of t he applicant as defined in 21 NCAC 
37D .0203, licensing questionnaire(s ) from every state where the 
applica n t has h eld a license and a one hund r ed twenty five dollar 
($125.00) 

( 1 ) a completed application; 

(2) background resume; 

(3) certified college transcript(s); 

(4) three reference forms (one of which shall be from an 
employer) from individuals not related to the 
applicant who shall certify to the good moral 
character of the applicant as defined in 2 1 NCAC 37D 
.0203; 

(5) licensing questionnaire(s) from every state where the 
applicant has held a license, and 

(6) a two hundred dollar ($200.00) application fee. 

Authority G.S. 90-280: 90-285: 90-287. 

SUBCHAPTER 37F - TEMPORARY LICENSES 



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PROPOSED RULES 



SECTION .0100 - TEMPORARY LICENSE 
REQUIREMENTS 

.0101 PREREQUISITES FOR TEMPORARY 
LICENSURE 

(a) The Chairman of the Board may issue a temporary license 
through the Executive Director for an initial period of time from 
issuance until the next Board meeting to an individual 
temporarily tilling the position of a nursing home administrator 
provided one of the circumstances in Paragraph (b) of this Rule 
exists and the prerequisites for temporary license in Paragraph 
(c) of this Rule have been met. 

(b) The nursing home shall prove to the satisfaction of the 
Board that it is not currently being administered by a temporary 
licensee, and at least one of the following circumstances exists: 

( 1 ) sudden death of the licensed administrator; 

(2) unexpected transfer of the licensed administrator; or 

(3) unforeseeable termination of the licensed 
administrator. 

(c) An individual applying for a temporary license shall: 

(1) be at least 18 years of age; 

(2) be of good moral character; 

(3) be of sound physical and mental health; health; and 

(4) have previously served as a licensed administrator in 
another state, served as assistant administrator in a 
nursing home for at least two years, served as director 
of nursing in a nursing home for at least one year, or 
be otherwise comparably qualified. If the applicant is 
licensed in any other states, the applicant shall 
provide evidence that he is currently licensed in good 
standing in each other state. 

(d) The Board may approve an application for one renewal of 
u p to six additional months of a temporary license if the nursing 
home submits evidence satisfactory to the Board that at least one 
of the circumstances listed in Paragraph (b) of this Rule occurred 
at the facility after the initial approval of the current temporary 
license. 

Authority G.S. 90-278; 90-279; 90-285. 

.0102 ISSUANCE AND RENEWAL OF 
TEMPORARY LICENSE 

(a) An applicant for a temporary license shall request, in 
writing, a temporary license package from the Board, provide a 
letter from the owner or regional manager requesting the issue 
of such license for the facility, stating the circumstances 
necessitating the issuance of a temporary license, and submit a 
completed application package including payment of a one 
hundred dollar ($100.00) two hundred dollar ($200.00 ) fee. 

(b) After an applicant is issued a temporary license he shall 
successfully pass the state examination as administered by the 
Board at the next scheduled testing period to retain the 
temporary license. 

(c) A temporary license may be renewed at the discretion of 
the Board for an additional period not to exceed a total of six 
months subject to the requirements of 2i NCAC 37F .0101(d) . 



(d) A temporary license shall be issued to the licensee to 
permit him to practice only in the nursing home to which he is 
assigned on the date of issuance. 

(e) If the Board renews the temporary license, no further fee 
shall be required. 

Authority G.S. 90-278; 90-280; 90-285. 

SUBCHAPTER 37G - RENEWAL, INACTIVE, 
RESTORATION AND REINSTATEMENT, DUPLICATE 

SECTION .0200 - INACTIVE LICENSES 

.0201 INACTIVE STATUS REQUIREMENTS 

(a) An inactive list of administrators who are not practicing 
in this state shall be maintained by the Board. An administrator 
who desires to be placed on the inactive status list shall make a 
written request and submit a twenty-five dollar ($25.00 ) fifty 
dollar ($50.00) per year fee to the Board. Inactive status shall 
only be granted on a prospective basis. 

(b) A request to be placed on the inactive status list shall be 
submitted to the Board no later than 30 days after expiration of 
the license under 21 NCAC 37G .0101(a). Failure to submit the 
request and payment of the fee within this time shall result in 
automatic expiration of the license retroactive to the expiration 
date. 

(c) An administrator may remain on the inactive list for a 
period not to exceed five four years provided he pays a fifty 
dollar ($50.00) fee in advance for each additional year. 

Authority G.S. 90-280; 90-285. 

SUBCHAPTER 37H - CONTINUING EDUCATION 

SECTION .0100 - CONTINUING EDUCATION 
REQUIREMENTS 

.0102 CONTINUING EDUCATION PROGRAMS 
OF STUDY 

(a) The Board shall certify and administer courses in 
continuing education for the professional development of 
nursing home administrators and to enable persons to meet the 
requirements of the Rules in this Chapter. TTie licensee shall 
keep a record of his continuing education hours. Certified 
courses, including those sponsored by the Board, an accredited 
university, college or community college, associations, 
professional societies, or organizations shall: 

(1) contain a minimum of two classroom hours of 
academic work and not more than eight classroom 
hours within a 24-hour period; and 

(2) include instruction in the following general subject 
areas or their equivalents: 

(A) Resident Care Management; 

(B) Personnel Management; 

(C) Financial Management; 

(D) Environmental Management; 



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1153 



PROPOSED RULES 



(E) Regulatory Manageme n t; 
Management; 



Governance and 



(F) Organizatio n al Management. 

(b) In lieu of certifying each course offered by a provider, the 
Board may certify the course provider for an annual fee not to 
exceed two thousand dollars ($2.000.00) (so long as the course 
provider submits a Hst of courses offered for credit and agrees 
to comply with the requirements of Paragraph (a) of this Rule. 

fb1(c) Certified courses not administered by the Board shall: 

(1) be submitted to the Board for approval at least 30 
days prior to the presentation of the program; 

(2) be accompanied with a fee of fifty dollars ($50.00) to 
cover the cost of reviewing and maintaining records 
associated with the continuing education program; 
and 

(3) be approved for a period of one year from the date of 
initial presentation. 

tcHd) courses from an accredited university or community 
college shall meet all requirements as outlined in paragraphs (a) 
and (b) of this Rule. A licensee submitting such courses for 
continuing education credit shall submit a copy of the final grade 
for said course work. Continuing education credit hours granted 
by the Board shall be the same as those granted by the 
institution. 

tth(e) Credit may be earned for participation in 
teleconferenced course only if there is a third party 
representative of the course sponsor or the Board present to 
verify thee licensee "s attendance throughout the course. Ho 
credit shall be e a r ned fo r co rr es p o n dence cou rses. 

(0 Up to six hours of credit may be earned for participation 
in correspondence courses, only if, 

(1) the correspondence course is approved by the Board 
or the National Association of Boards of Examiners 
of Long Term Care Administrators (NAB); and 

(2) the approved course planner sends to the Board a 
verification of the individual's completion of the 
correspondence course. 

fc) (g) The Board shall charge a registrafion fee covering the 
cost of continuing education courses it sponsors, not to exceed 
two hundred fifty dollars ($250.00). 

Aiithorin- G.S. 12-3.](c)(3): 90-278: 90-280: 90-285: 90-286. 

.0104 PRECEPTOR CREDIT 

A preceptor applying for renewal who has served as a 
preceptor for a North Carolina AIT within the previous two 
years may receive: r eceive up to six hours of continuing 
e ducatio n c r edit at the rate of two hours per eight weeks of 
service as a preceptor. 

( 1 ) 1 hours continuing education credit for attendance at 
a Preceptor Course offered by the Board; 

(2) 5 hours of continuing education credit lor each 
Administrator in Training precepted by the preceptor 
during previous two years. No preceptor may receive 
more than 5 hours of cred it per year under this 
Section. 



Authority G.S. 90-285. 

SUBCHAPTER 371 - PROFESSIONAL 



SECTION .0100 - INVESTIGATIONS 



.0101 



INVESTIGATION: DISCIPLINE: AND 
CONTESTED CASE PROCEEDINGS 

(a) The Clidiiman Chairperson of the Board shall appoint a 
Professional Standards Committee comprised of another 
member of the Board, the Executive Director and legal counsel, 
to investigate the qualifications of applicants and to review and 
investigate complaints. 

(b) The Board shall decide whether to grant or deny an 
application or whether, and what kind of, disciplinary action 
should be taken against a person registered with the Board. If 
the Board's action results in a contested case, the designated 
member who participated in the investigation of the matter may 
not participate as a member of the hearing panel or in 
deliberation of the contested case. 

(c) The Professional Standards Committee shall recommend 
to the Board whether the allegations in any complaint against an 
applicant or licensee, if proven, would warrant a contested case 
proceeding pursuant to G.S. 150B-38 through 150B-42. 

(d) Under G.S. 150B-40(e), the Board may elect not to hear 
its contested cases and refer contested cases to the Office of 
Administrative Hearings. 

Authority G.S. 90-285: l50B-40{e). 

CHAPTER 56 - BOARD OF PROFESSIONAL 
ENGINEERS AND LAND SURVEYORS 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the Board of Examiners for Engineers and Surveyors 
intends to adopt the rule cited as 21 NCAC 56 .1609 and amend 
the rules cited as. 0101. .0103-.0I04. .0402. .0501 -.0503. .0505. 
.060I-.0603. .0606. .0701-.0702. .0802. .0804. .0901-0902, 
.1001-. 1003. .1101-. 1106. .1201. .1203. .1301-. 1302. .1409. 
.1501. .1601-1608. .1701 -.1709. Notice of Ride-making 
Proceedings was published in the Register on October 15, 1 999. 

Proposed Effective Date: August I. 2000 

A Public Hearing will be conducted at 9:00 a.m. on Februaiy 
17, 2000 at 310 W. Millbrook Road. Rcdeigh. NC 27609. 

Reason for Proposed Action: To incorporate legislative 
changes in the Board name and other terminology. (.0101, 
.0702, .0901-.0902. .1001-.1002, .1101 - .1102. .1104-. 1106. 
.1201. .1203. .1302. .1409, .1501. .1601. .1605. .1608, .1701- 
. 1 702. . 1 705, . 1 707 -. 1 709). To incorporate legislative changes 
in the Board name and other terminology and to reflect fee 
increases authorized by the legislature for fum and corporation 



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licensees. (.0802, .0804). To incorporate legislative changes in 
the Board name and other terminology and to make 
clarifications in Board rules. (.0103 - role of chair, executive 
secretary and board authority. .0501 - engineering license 
experience requirements. .0502 - references confidentiality, 
.0505 - engineer renewal to list continuing education hours and 
change of address, .0602 - personal inteiriew, .0606 - sun'eyor 
renewal to list continuing education hours and change of 
address, .0701 - responsible charge in (c)(3) clarified and 
actions agianst out-of-state professionals extended, . 1003 - 
sealing under teniporaiy license, .1 103 - sealing of preliminary 
and final documents, . 1301 - members of review committee, 
.1702 - continuing education course qualifications, .1706 - 
identify parent organization for the NPDRES). To clarify Board 
rules. (.0104 - Board Seal, .0402 - destroy applicant files, .0503 
- e.xam process, .0601 - sample map, .0603 - e.xam process). To 
clarify and change continuing education credit in .1704. To 
incorporate legislative changes in the Board name and other 
terminology and to make clarifications in the Standards of 
Practice for Land Surveying in North Carolina. (.1602-. 1604, 
.1606). To incorporate legislative changes in the Board name 
and other terminology and to make clarifications in the 
Standards of Practice for Land Surveying in North Carolina for 
Global Positioning System Surveys (GPS) (.1607). To add a 
new rule for the Photogrammetiy Standards as . 1609. 

Comment Procedures: Submit written comments in writing to 
the Rule-making Coordinator, David S. Tuttle, Board Counsel, 
North Carolina Board of E.xaminers for Engineers and 
Surveyors. 310 W. MillbrookRoad, Raleigh, NC 27609. Written 
statements must be received no later than Febrnaiy 17. 2000 at 
9:00 a.m. Oral statements will be accepted at the public 
hearing. 



Fiscal Impact 
State Local 



Sub. 



None 
/ 



SECTION .0100 - ORGANIZATION OF BOARD 

.0101 IDENTIFICATION 

The North CaroHna State Board of Regist r ation Examiners for 
Professio r r ai Engineers and Land Surveyors is hereinafter 
referred to as "the Board." 

Authority G.S. 89C-10. 

.0103 ORGANIZATION 

(a) Secretary. Chair. The secr e t ary chair elected annually by 
the Board has final authority and responsibility in the operation 
of the Board office subject to policies and directives as 
established by the full Board or these Rules. 

(b) Vice-Chair. The vice-chair serves in the absence of the 
chair. 

(c) Secretary. The secretary shall perform duties as stated in 
G.S. 89C-1 1. TTie secretary may assign to the executive 



secre t ary director those day-to-day administrative and 
operational duties as are approved by majority vote of the full 
Board. Authorization by the secretary for the disbursement of 
funds by the executive se c r etary director must be in writing and 
have the unanimous approval of the Board. 

fb)(d} Board Committees. The Board shall be organized into 
an engineering commit t ee and committee, a land surveying 
committee, committee and a continuing professional competency 
(CPC) committee. The engineering committee shall consist of 
the four engineer members and one public member. The land 
surveying committee shall consist of the three land surveyor 
members and one public member. The CPC committee shall 
consist of one engineer member, one land surveyor member and 
one public member. The Board chair p erson chair shall appoint 
the chairperson chairs and members of each co m mittee a n d 
a p point the public member to each committee. 

tc)isl Executive Secretai ' v Director. The day-to-day routine 
operations of the Board office shall be the responsibility of the 
executive secretary director under the direction of the secretary 
subject to policies and directives as established by the Board or 
these rules. The executive sec r eta r y director may be authorized 
by the Board or the sec r eta ry chair to represent the Board before 
professional or governmental organizations when such 
representation serves to further and support the purposes of the 
Board and is made within the expressed policies of the Board or 
these Rules. The executive director shall be responsible for the 
administration of the policies of the Board. 

if) Notices of Board Meetings. The Board shall set the dates 
and times and provide notice of all meetings. The meetings shall 
be open to the public unless exempted from the open meetings 
law. 

(a) Actions by the Board. Actions taken by the Board shall 
be by majority vote or a quorum of the Board. 

(h) Hiring staff and consultants. The Board shall authorize 
the hiring of staff and consultants as necessary to carry out the 
Board'sbusiness. 

Authority G.S. 89C-4 through 89C-11. 

.0104 DESCRIPTION OF SEAL 

The official seal adopted by the Board is the Great Seal of the 
State of North Carolina with the inscription of the Board name 
on the perimeter. 

Authority G.S. 89C- 10(b). 

SECTION .0400 - RECORDS AND REPORTS OF 
BOARD: RETENTION AND DISPOSITION 

.0402 RECORDS OF APPLICATIONS 

All records of applications for registration which are active are 
retained at the office of the Board. However, application files 
once submitted to the Board are Board property and are not 
returnable. During the time records are physically held in the 
Board office an applicant can obtain a copy of the two-page 
application form by request to this office and payment of any 



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PROPOSED RULES 



required fee. Inactive applications will be destroyed after one 
year after giving 30 day notice to the last known address of the 
applicant. 

Authority G.S. 89C-10(a): 89C-I2. 

SECTION .0500 - PROFESSIONAL ENGINEER 

.0501 REQUIREMENTS FOR LICENSING 

(a) Education. The education of an applicant shall be 
considered in determining eligibility for licensing as a 
Professional Engineer. The following terms used by the Board 
for the specific educational requirements to be eligible to be 
licensed as a Professional Engineer are defined by the Board as 
follows: 

(1) Engineering Curriculum of Four or more Years 
Approved by the Board is defined as a curriculum that 
has been accredited by the Accreditation Board for 
Engineering and Technology (ABET). This 
curriculum is incorporated by reference including 
subsequent amendments and editions. This material 
is available for inspection at the office of the North 
Carolina State-Board of Registration for Professional 
Engineers and Land Surveyors. 3 6 20 Six Forks Road, 
Suite 300, Raleigh, North Caroli n a 27609 Surveyors . 
Copies may be obtained at the Board office at a cost 
of five dollars ($5.00) per copy. 

(2) Engineering or Related Science Curriculum of Four or 
more Years Other than Ones Approved by the Board 
is defined as a curriculum, although not accredited by 
ABET, of physics, math, chemistry and engi n ee ring 
t e chnology technical courses which contains 
engineering or scientific principles. 

(3) Equivalent Education Satisfactory to the Board: 
(A) A graduate degree in Engineering from an 

institution in which the same discipline 
undergraduate engineering curriculum has been 
accredited by ABET shall be considered 
equivalent to an engineering curriculum of four 
or more years approved by the Board. 

fA)£B) A bachelor's degree in Engineering 
Technology shall be considered equivalent to 
an engineering or related science curriculum of 
four or more years other than one approved by 
the Board. 

(fr) (C] An associate degree in an engineering related 
curriculum with an additional two years of 
progressive engineering experience shall be 
considered equivalent to an engineering or 
related science curriculum of four or more 
years other than one approved by the Board. 

(C^ [D] A high school diploma with an additional four 
years of progressive engineering experience 
shall be considered equivalent to an 
engineering or related science curriculum of 
four or more years other than one approved by 
the Board. 



t&) {E} Foreign degrees may shall be considered as 
r ecommended by only after receipt of an 
evaluation from the Foreign Engineering 
Education Evaluation Program (FEEEP) of the 
National Council ofExaminers for Engineering 
and Surveying (NCEES) in its publications, 
(NCEES). or from the American Association 
of Collegiate Registrars and Admissions 
Officers (AACRAO). prov i ded — however, 
maximum equivalency gra n ted shall be that of 
an engineering or related science curriculum of 
four or more years othe r than one approved by 
the Board. The Board shall equate the degree 
to one of the education categories in (a)(l)-(3) 
of this Rule .0501. The NCEES publications 
arc — incorporated — by — reference — including 
subsequent amendments and editions. — This 
material is available fo r inspection at the office 
of Tlie — North — Carolina — State — Board — of 
Regist r ation for Professional Engineers and 
Land Surveyors,3620 Six Forks Road, Suite 
30 0, Raleigh, North Ca r olina 27 6 09. Copies 
may be obtained at the Board's office at a cost 
of five dolla r s ($5.00) p er co p y , 
(b) Experience: 

( 1 ) General. The experience of an applicant shall be 
considered in determining whether an applicant is 
eligible to be licensed as a Professional Engineer. 

(2) Required Experience. In evaluating the work 
experience re qui r ed required, the Board may consider 
the total experience record, record and the progressive 
nature of the record. (Not less than half of required 
engineering experience shall be of a professional 
grade and character, and shall be performed under the 
responsible charge of a re giste r ed licensed 
Professional Engineer.) Engineer, or if not, a written 
explanation shall be submitted showing why the 
experience should be considered acceptable.) 

(3) Definition. The terms "progressive engineering 
experience" or "progressive experience on 
engineering projects" mean that during the period of 
time in which an applicant has made a practical 
utilization of acquired knowledge, continuous 
improvement, growth and development have been 
shown in the utilization of that knowledge as revealed 
in the complexity and technical detail of the work 
product or work record. The applicant must show 
continuous assumption of greater individual 
responsibility for the work product over that period of 
time. The progressive experience on engineering 
projects shall be of a grade and a character which 
indicates to the board that the applicant may be 
competent to practice engineering. 

(4) Specific Credit for Experience. In evaluating 
progressive engineering experience, the Board may 
give credit for experience in the following areas of 
work: 



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(A) Graduate schooling or research in an approved 
engineering c ur r iculum - curriculum resulting 
in award of an advanced engineering degree. 
one year for each such degree ; maximum two 
years; 

(B) Progressive land surveying - maximum two 
years; 

(C) Teaching of scie n ce or engineering subjects at 
the graduate university level in an approved 
engineering curriculum offering a four year or 
more degree approved by the Board - 
maximum two years. 

The Board, however, may not accept combinations, 
restricted only to the categories noted above, as 
fulfilling all the necessary statutory experience 
requirements. The Board requires that every 
applicant for licensure as a Professional Engineer, as 
part of the total experience requirement, show a 
minimum of one year experience of a progressive 
engineering nature in industry, or government, or 
under a licensed Professional Engineer offering 
service to the public. 

Full time engineering faculty members who teach in 
an approved engineering curriculum offering a four 
year or more degree approved by the Board, may 
request waiver of the minimum one year experience 
in industry, government, or private practice if they 
demonstrate consulting or research work of at least 
one year's duration, which was pursued to fruition, 
and which is of an acceptable progressive engineering 
nature. The faculty applicant will be required to 
document the work and demonstrate that the work 
meets the Board's requirement. 
(5) Experience — Not — Considered: Other Experience 
Considered: 

(A) Experience obtained prior to graduation while 
r eceiving education f o r which c r edit is giv e n 
toward regist r atio n , un l ess such ex p e r ienc e is 
obtained in a co-op p r og r a m i n a n enginee r ing 
cu rr iculum approved by the Board, as part of 
an ABET accredited engineering program 
which must be shown on the transcript, with a 
maximum credit of one year. 

(B) Experience obtained in a foreign country 
unless that is performed under direct 
supervision of a Professional Engineer 
registered licensed with a member Board of the 
National Council of Examiners for Engineering 
and Surveying (NCEES). 

Authoriu- G.S. 89C-10: 89C-13. 

.0502 APPLICATION PROCEDURE: INDIVIDUAL 

(a) General. A person desiring to become licensed as a 
Professional Engineer must make application to the Board on a 
form prescribed and furnished by the Board. 



(b) Request. A request for an appropriate application form 
may be made at the Board address. 

(c) Applicable Forms: 

(1) Studen t Engineering Intern Form. This form requires 
the applicant to set forth personal history, educational 
background, provide character references, and furnish 
a photograph for identification purposes. The form is 
for use by those graduating, or those having 
graduated, from an engineering curriculum approved 
by the Board as follows: 

(A) Students graduating in the same semester or 
dttarter within two semesters, or the equivalent. 
of the semester in which the fundamentals of 
engineering examination is administered. 

(B) Graduates with less than two years since 
graduation. 

(2) Professional Engineer Form: 

(A) All persons, including comity applicants and 
graduates of an engineering curriculum 
approved by the Board with more than two 
years progressive engineering experience, shall 
apply for r egis tr atio n licensure by using the 
Professional Engineer form. The submission 
of this form shall signify that the applicant 
seeks registration, licensure, and will result in 
seating for each examination required, when 
the applicant is so qualified. This form 
requires the applicant to set forth personal and 
educational background, engineering 
experience and character references. A 
passport-type photograph for identification 
purposes is required. 

(B) Persons who have previously completed the 
fundamentals examination by use of the 
Student Engineering Intern Form shall submit 
the Professional Engineer Form to request 
re gist r atio n licensure when qualified to take the 
final eight-hour examination. 

(3) Supplemental Form. Persons who initially applied for 
the fundamentals of engineering exam using the 
Professional Engineer form must supplement the 
initial application upon applying for the principles and 
practice examination. The supplemental form 
requires that engineering experience from the date of 
the initial application until the date of the 
supplemental application be listed. Five references 
shall be submitted which are current to within one 
year of the examination date. 

(4) Reference Forms: 

(A) Persons applying to take the examination for 
fundamentals of engineering must submit to 
the Board names of three individuals who are 
familiar with the applicant's work, character 
and reputation. Persons applying to take the 
examination for principles and practices of 
engineering must submit to the Board names of 



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PROPOSED RULES 



five individuals who are familiar with the 
applicants work, character and reputation. 
Two of these individuals must be r e giste r ed 
licensed Professional Engineers. 

(B) In addition to the applicant submitting names 
to the Board of individuals familiar with the 
applicant's work, character and reputation, 
those individuals listed shall submit to the 
Board their evaluations of the applicant on 
forms supplied them by the applicant. Such 
information is considered confidential and 
shall not be released by the Board, except in 
special cases where required by law. 

(C) The reference form requires the individual 
evaluating the applicant to state the evaluating 
individual's profession, knowledge of the 
applicant and other information concerning the 
applicant's engineering experience, character 
and reputation. 

(D) The reference forms shall be received by the 
applicant with the application. The reference 
forms shall then be distributed by the applicant 
to the persons listed on the application as 
references. The applicant shall see that the 
individuals listed as references return the 
reference forms to the Board prior to the filing 
deadline for the examination. 

(d) Fees: 

(1) Student Engineering Intern Form. The examination 
fee for applicants applying for examination on the 
fundamentals of engineering using the student 
engineering intern form is payable with the filing of 
the application. Once the applicant passes the 
examination on the fundamentals of engineering, the 
r eg i st r at i o n licensure fee of one hundred dollars 
($100.00) and the examination fee for the principles 
and practice of engineering examination are payable 
with the applicant's subsequent application for 
registration licensure as a Professional Engineer using 
the Professional Engineer form. 

(2) Professional Engineer Form. The r egistration 
licensure fee of one hundred dollars ($100.00) and 
appropriate examination fee for applicants applying 
for the examination on the fundamentals of 
engineering or the principles and practice of 
engineering using the Professional Engineer form are 
payable with the filing of the application. 

(3) Comity. The registration licensure fee for applicants 
for comity r egist r ation licensure is payable with the 
filing of the application in accordance with G.S. 89C- 
14. 

(4) Examination. The examination fee for any applicant 
is payable with the filing of the application in 
accordance with G.S. 89C-I4. 

(e) The Board shall accept the records maintained by the 
National Council of Examiners for Engineering and Surveying 
(NCEES) as evidence of r egist r ation licensure in another state. 



For comity licensure the NCEES record is accepted in lieu of 
completing the experience, education and references sections of 
the application. 

(f) Model Law Engineer. The term "Model Law Engineer" 
refers to a person who meets the requirements of section .0500 
by meeting the requirements of NCEES and has a current 
NCEES record on file and is designated as a "Model Law 
Engineer". A "Model Law Engineer" application is 
administratively approved by the Executive Director based upon 
the designation, without waiting for the next regular meeting of 
the Board at which time the action is reported to the Board for 
final approval. 

(g) Personal interview. During the application process, the 
applicant may be interviewed by the Board members. The 
purpose of the interview is to augment the evidence submitted 
in an application with regard to education or experience. 

Authority G.S. 89C-10: 89C-13; 89C-14. 

.0503 EXAMINATIONS 

(a) Fundamentals of Engineering. This eight-hour written 
examination is designed primarily to test the applicant's 
proficiency and knowledge of the fundamentals of engineering. 

(b) Principles and Practice of Engineering. This eight-hour 
written examination is designed to test the applicant's 
proficiency and knowledge of engineering principles and 
practices. 

(c) Examination Aids. Examinees may utilize examination 
aids as specified by the exam preparer. 

(d) Preparation of Examination. The examinations in the 
fundamentals of engineering and in the principles and practice 
of engineering are national examinations promulgated by the 
National Council of Examiners for Engineering and Surveying 
(NCEES) of which the Board is a member. 

(e) Examination Sequence. Before the applicant is permitted 
to be examined on the principles and practice of engineering, the 
applicant must pass the examination on the fundamentals of 
engineering, unless the applicant can evidence 20 years of 
progressive engineering experience and receives a waiver from 
the fundamentals of engineering exam by the Board. In no event 
is an applicant allowed to take both examinations at the same 
time or at the same scheduled examination date. 

(0 Examination Filing Deadline. The applicant who wishes 
to take an examination must have the completed application 
(which includes all necessary references, transcripts, and 
verifications) in the Board office prior to August 1 for Fall 
examinations and January 2 for Spring examinations. 

(g) Seating Notice. After approval of an application to take 
either the examination on the fundamentals of engineering or 
principles and practice, the applicant shall be sent a seating 
notice by the Board. This notice shall inform the applicant of 
the date, time and location of the examination and the seat 
number assigned. 

(h) Unexcused Absences. After a seating notice has been 
issued for a scheduled examination by the Board, and the 
applicant fails to appear, that applicant's record will reflect 
"unexcused absence" unless the absence was for official jury 



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duty or the applicant was not physically able to he present, as 
indicated by a doctor's certificate. The examination fee is 
forfeited. 

fX) Oral Inte r view. During the examination on the principles 
and practice of enginee r i n g, the a p plicant may be inte r viewed by 
Board members. Tlie purpose of the interview is t o augment the 
evidence submit t ed in an application wi t h regard to education o r 

(j) (i) Re-Examination. A person who has failed an 
examination may apply to take the examination again at the next 
regularly scheduled examination period by making written 
request and submitting the required exam fee. A person having 
a combined record of three failures or unexcused absences shall 
no t be allowed to t ake tha t exami n ation again until a written 
appeal is made to the Board and qualifications for examination 
are reviewed and r eaffirmed bv the Boa r d, only be eligible after 
submitting a new application with appropriate application fee, 
and be considered by the Board for reexamination at the end of 
12 months. After the end of the 12-month period, the applicant 
may take the examination no more than once every calendar 
year. The applicant must demonstrate to the Board that actions 
have been taken to improve the applicant's chances for passing 
the exam. 

(j) Special Accommodation. An applicant with a diagnosed 
disability may make a written request, before the application 
deadline, for special accommodation for the exam. 

(k) Exam Results. Exam results shall be supplied in writing 
as pass or fail. No results will be given in any other manner. 

tU Review of Failed Exams. An applicant who fails to make 
a passing score on an exam may request in writing within thirty 
days of receiving the result to have an opportunity to review the 
exam. The review shall be done in the Board office under 
supervision of staff and is limited to one hour. 

Authority G.S. 89C-10; 89C-13 to 89C-15. 

.0505 EXPIRATIONS AND RENEWALS OF 
CERTIFICATES 

(a) Professional Engineer Re g ist r a t io n Licensure . An annual 
renewal fee of forty dollars ($40.00) for certificates of 
r egis tr ation licensure for Professional Engineers shall be payable 
to the Board. A late fee is applied in accordance with G.S. 89C- 
17. The Board shall send to each registe r ed licensed 
Professional Engineer a form which requires the r e g ist r a nt 
licensee to provide the Board with both the business and 
residential add r esses, addresses, and the professional 
development hours (PDH) obtained during the previous year. 
The c o m p leted form for renewal of ce r tificate along with the 
r equi r ed fee shall be forwarded to the Boai ^ d. The licensee shall 
give notice to the Board of a change of business or residential 
address within ,^0 days of the change. 

(b) Engineer-In-Training Engineering Intern Certificate. The 
Engineer-In-Training Engineering Intern certificate does not 
expire and, therefore, does not have to be renewed. 

Authority G.S. 89C-10: 89C-17. 



SECTION .0600 - PROFESSIONAL LAND SURVEYOR 

.0601 REQUIREMENTS FOR LICENSING 

(a) Education. The following terms used by the Board for the 
specific education requirements to be eligible to be licensed as 
a Professional Land Surveyor are defined by the Board as 
follows: 

(1) B.S. in Surveying or Other Equivalent Curricula. 
These degrees must contain a minimum of 45 
semester hours, or their quarter-hour equivalents, of 
subjects directly related to the practice of surveying. 
Of the 45 semester hours, a minimum of 12 semester 
hours of surveying fundamentals, 12 semester hours 
of applied surveying practice and 12 semester hours 
of advanced or theoretical surveying courses are 
required. The remainder of the required surveying 
courses may be elective-type courses directly related 
to surveying. 

(2) Associate Degree in Surveying Technology. This 
degree must contain a minimum of 30 quarter 20 
semester hours, or s em e st er - h o ur quarter-hour 
equivalents, of subjects directly related to the practice 
of surveying. Courses in surveying practices, 
subdivision design and planning, surface drainage and 
photogrammetry must be successfully completed. 

(b) Experience: 

( 1 ) Definition. As used in the North Carolina 
Engineering and Land Surveying Act Act, the term 
"progressive practical surveying experience" means 
that during the period of time in which an applicant 
has made a practical utilization of the knowledge of 
the principles of geometry and trigonometry in 
determining the form, shape, boundaries, position and 
extent of the earth's surface, continuous improvement, 
growth and development in the utilization of that 
knowledge have been shown. In addition, the 
applicant must show the continuous assumption of 
greater individual responsibility for the work product 
over that period of time. 

(2) Experience Accepted. In order to have experience 
adequate to com p ly with the requirements of the law, 
the applicant's work experience must be concerned 
with land surveying and is n o r mally gain e d whil e 
working under the responsible charge of a Reg i ste r ed 
Land Surveyor. In evaluating the work experience 
required, the Board may consider the total experience 
record and the progressive nature of the record. (Not 
less than half of required land surveying experience 
shall be of a professional grade and character, and 
shall he performed under the responsible charge of a 
Professional Land Surveyor, or if not, a written 
explanation shall be submitted showing why the 
experience should be considered acceptable.) 

(3) Other Experience. Work done in the following areas 
requires evidence to the Board of its equivalency to 
land surveying: 



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(A) construction layout, 

(B) engineering surveying, 

(C) part-time surveying work, 
(c) Exhibits, Drawings, Plats: 

(1) Required Exhibit Before Fundamentals of Land 
Surveying Examination. The applicant must submit, 
along with the application, an actual plat or an 
example plat prepared by. or under the direct 
supervision of, the applicant which discloses that the 
applicant is knowledgeable in the elements of good 
mapping practices. 

(2) Required Exhibit Before Principles and Practices of 
Land Surveying Examination; 

(A) General. The applicant must submit, along 
with the application, an actual plat of a 
boundary survey of an actual project prepared 
by, or under the direct supervision of, the 
applicant which discloses that the applicant is 
knowledgeable of the contents of the Standards 
of Practice for Land Surveying in North 
Carolina (Section .1600) and also is able to 
apply this knowledge by preparing a plat in 
accordance with the various legal and 
professional requirements of land surveying. 

(B) Physical Requirement. The map submitted 
must be a clean, clear, legible print of an 
original map in the file of a Professional Land 
Surveyor. 

(3) Specific Requirements. The specific details that shall 
be evaluated are those applicable to the particular 
project as described in the Standards of Practice for 
Land Surveying in North Carolina (Section .1600) 
and as described in G.S. 47-30. In addition, the 
exhibit shall contain a statement that the field work, 
calculation and mapping were performed by the 
applicant under the supervision of a Professional 
Land Surveyor, attested to by the Professional Land 
Surveyor. 

(4) Requirements for Comity Applicant. The map 
submitted by an applicant under comity may be a 
sample plat of a project or work performed in the state 
of licensure which shall be evaluated in accordance 
with legal requirements of North Carolina. 

Aiithorin- G.S. 47-30: 89C-I0: 89C-13. 

.0602 APPLICATION PROCEDURE: INDIVIDUAL 

(a) General. A person desiring to become a Registered 
Professional Land Surveyor must make application to the Board 
on a form prescribed and furnished by the Board. 

(b) Request. A request for the application form may be made 
at the Board address. 

(c) Application Form. All persons applying to be licensed as 
a Registered Professional Land Surveyor shall apply using the 
standard application form. This form requires the applicant to set 
forth personal background, plus educational background, land 
surveying experience, and references. A passport-type 



photograph for identification purposes is required also. 

(d) Supplemental Form. Persons who initially applied for 
re gist r ation licensure as a land surveyor, but were not eligible 
initially to be admitted to the examination for principles and 
practice of land surveying, must supplement their initial 
applications upon ultimately applying for the second 
examination. The applicant must supplement the initial 
application by using the supplemental form, which requires the 
listing of land surveying experience from the date of the initial 
application to the date of the supplemental application. Five 
references shall be submitted which are current to within one 
year of the examination date. 

(e) Reference Forms: 

(1) Persons applying to take the examination for the 
fundamentals of land surveying or the examination for 
principles and practice must submit to the Board 
names of individuals who are familiar with the 
applicant" swork, character and reputation. TTie names 
are submitted by the applicant on the application 
form. 

(2) Persons applying for the fundamentals of land 
surveying examination must submit three references, 
one of which must be a Registered Professional Land 
Surveyor. Persons applying for the principles and 
practice examination must submit five references, two 
of which must be Registered Professional Land 
Surveyors. 

(3) In addition to the applicant submitting names to the 
Board of such individuals, those individuals shall 
submit to the Board their evaluations of the applicant 
on reference forms supplied them by the applicant. 
Such information is considered confidential and shall 
not be released by the Board. 

(4) The reference form requires the individual evaluating 
the applicant to state the evaluating individual's 
profession, knowledge of the applicant and other 
information concerning the applicants land surveying 
experience, character and reputation. 

(5) The reference forms shall be received by the applicant 
along with the application for r egistration, licensure. 
The reference forms shall then be distributed by the 
applicant to the persons listed on the application as 
references. The applicant shall see that the individuals 
listed as references return the forms to the Board prior 
to the filing deadline for the examination applied for 
by the applicant. 

(0 Fees: 
( 1 ) Regular. Tlie r egist r ation licensure fee of one 
hundred dollars ($100.00) and appropriate 
examination fee for those applying for registration 
licensure based upon examination, experience, 
character and exhibit are payable with the filing of the 
application. 

Comity. The r egist r at i on licensure fee of one hundred 
dollars ($100.00) and appropriate examination fee for 
those applying for registration licensure based upon 
comity are payable with the filing of the application. 



(2) 



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(3) Examination. The examination fee for any applicant 

is payable with the filing of the application in 

accordance with G.S. 89C- 14. 

(s.) Personal Interview. During the application process, the 

applicant may be interviewed by Board members. The purpose 

of the interview is to augment the eyidence submitted in an 

application with regard to education and experience. 

Authority G.S. 89C-I0; 89C-13; 89C-I4. 

.0603 EXAMINATIONS 

(a) Fundamentals of Land Surveying. This eight-hour written 
examination is designed primarily to test the applicant's 
proficiency and knowledge of the fundamentals of land 
surveying. 

(b) Principles and Practice of Land Surveying. This 
eight-hour written examination is designed to test the applicant's 
proficiency and knowledge of land surveying practices and 
procedures generally and specifically within North Carolina. 

(c) Examination Aids. Examinees may utilize examination 
aids as specified by the national exam preparer. 

(d) Preparation of Examination. The examination in the 
fundamentals of land surveying and six hours of the examination 
in the principles and practice of land surveying are national 
examinations promulgated by the National Council of 
Examiners for Engineering and Surveying (NCEES) of which 
the Board is a member. The two-hour North Carolina portion of 
the principles and practice of land surveying examination is 
prepared and graded by the Board. 

(e) Examination Filing Deadline. The applicant who wishes 
to take an examination must have the completed application 
(which includes all necessary references, transcripts, and 
verifications) in the Board office prior to August 1 for Fall 
examinations and January 2 for Spring examinations. 

(0 Seating Notice. After approval of an application the 
applicant will receive a seating notice. This notice will inform 
the applicant of the date, time and location of the examination 
and the seat number assigned. 

(g) Unexcused Absences. After a seating notice for a 
scheduled examination has been issued by the Board, and the 
applicant fails to appear, the applicants record will reflect 
"unexcused absence" unless the absence was for official jury 
duty or the applicant was not physically able to be present, as 
indicated by a doctor's certificate. The examination fee is 
forfeited. 



examination ar e reviewed and leaffiiined by the Boaid. shall 
only be eligible after submitting a new application with 
appropriate application fee, and be considered by the Board for 
reexamination at the end of 1 2 months. After the end of the 1 2- 



(h) O r al Inte r view. Du r ing the exami n ation on the p r inciples 
a n d practice of land surveying, the applican t may be in t erviewed 
by Board members. The pu r pose of the interview is to augm en t 
the evidence sub m it t ed in an application with rega r d t o 
education or experience. 

tr) (h] Re-Examination. A person who has failed an 
examination is allowed to apply to take the examination again at 
the next regularly scheduled examination period. A person 
having a combined record of three failures or unexcused 
absences will not be allowed to t ake t hat examination again until 
a written appeal is made to the Boa r d and the qualifications fo r 



month period, the applicant may take the examination no more 
than once every calendar year. The applicant must demonstrate 
to the Board that actions have been taken to improve the 
applicant's chances for passing the exam. 

(ij Special Accommodation. An applicant with a diagnosed 
disability may make a written request, before the application 
deadline, for special accommodation for the exam. 

(]] Exam Results. Exam results shall be supplied in writing 
as pass or fail. No results will be given in any other manner. 

(k) Review of Failed Exams. An applicant who fails to make 
a passing score on an exam may request in writing within thirty 
days of receiving the result to have an opportunity to review the 
exam. The review shall be done in the Board office under 
supervision of staff and is limited to one hour. 

Authorit}- G.S. 89C-10; 89C-15. 

.0606 EXPIRATIONS AND RENEWALS OF 
CERTIFICATES 

(a) Reg i st er ed Professional Land Surveyor Regist r atio n . 
Licensure. An annual renewal fee of forty dollars ($40.00) for 
certificates of registration licensure for Registered Professional 
Land Surveyors shall be payable to the Board. A jate fee is 
applied in accordance with G.S. 89C-17. The Board will send 
each Registered Professional Land Surveyor a form which 
requires the registrant licensee to provide to the Board the 
business and residential addresses, addresses, and the 
professional development hours (PDH) obtained during the 
previous year. The completed f orm for renewal of certificate 
along with any required fee is to be forwarded t o the Board. The 
licensee shall give notice to the Board of a change of business or 
residential address within ?Q days of the change. 

(b) Surveyor in Training Intern Certificate. The Surveyor in 
Training Intern certificate does not expire and, therefore, does 
not have to be renewed. 

Authority G.S. 89C-17. 

SECTION .0700 - STANDARDS OF PROFESSIONAL 
CONDUCT 

.0701 RULES OF PROFESSIONAL CONDUCT 

(a) In order to safeguard the life, health, property and welfare 
of the public and to establish and maintain a high standard of 
integrity, skills, and practice in the profession professions of 
engineering and land surveying, the following rules of 
professional conduct are promulgated in accordance with G.S. 
89C-20 and shall be binding upon every person holding a 
certificate of r egistra t io n licensure as a Professional Engineer or 
Registered Professional Land Surveyor ( r egist r ant), (licensee), 
and on all partnerships or corporations or other legal business 
entities authorized to offer or perform engineering or land 



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1161 



PROPOSED RULES 



surveying services in this state. All persons r egis t ered licensed 
under the provisions of Chapter 89C of the General Statutes are 
charged with having knowledge of the existence of the rules of 
professional conduct, and shall be deemed to be familiar with 
their several provisions and to understand them. 

(b) The P r ofessional Engineer and Regis t e re d Land Surveyor 
licensee shall conduct the practice in order to protect the public 
health, safety and welfare. The r egist r ant licensee shall at all 
times recognize the primary obligation to protect the public in 
the performance of the professional duties. If the r eg i st r ant's 
licensee' s engineering or land surveying judgment is overruled 
under circumstances where the safety, health and welfare of the 
public are endangered, the registrant licensee shall inform the 
employer, the contractor and the appropriate regulatory agency 
of the possible consequences of the situation. 

(c) The P r ofessio n al E n ginee r a n d Reg i st er ed La n d S ur veyo r 
licensee shall perform services only in areas of the registrant's 
licensee's competence and: 

(1) Shall undertake to perform engineering and land 
surveying assignments only when qualified by 
education or experience in the specific technical field 
of professional engineering or land surveying 
involved. 

(2) May accept an assignment or project requiring 
education or experience outside of the registrant's 
licensee's own field of competence, but only to the 
extent that the services are restricted to those phases 
portions or disciplines of the project in which the 
r egist r ant licensee is qualified. All other p hases 
portions or disciplines of such project shall be 
performed by qualified associates, consultants, or 
employees, employees who are licensed and 
competent in those portions or disciplines. 

(3) Shall not affix the signature or seal to any engineering 
or land surveying plan or document dealing with 
subject matter for which the r egistra nt licensee lacks 
competence by virtue of education or experience, nor 
to any such plan or document not prepared under the 
registran t 's licensee's direct supervisory control. 
Direct supervisory control (responsible charge) 
requires a registrant licensee or employee to carry out 
all client contacts, provide internal and external 
financial control, oversee employee training, and 
exercise control and supervision over all job 
requirements to include research, planning, design, 
field supervision and work product review. A 
registrant licensee shall not contract with a n o n- 
r egiste r ed non-licensed individual to provide these 
professional services. Research, such as title searches 
and soil testing, may be contracted to a non-registered 
non-licensed individual, provided that individual is 
qualified or licensed to provide such service and 
provided the registran t licensee reviews the work. 
The P r ofessio na l E n ginee r and Registered Land 
Surveyo r licensee may affix the seal and signature to 
drawings and documents depicting the work of two or 
more professionals provided it is designated by a note 



under the seal the specific subject matter for which 
each is responsible. 

(d) The P r ofessional E n g in ee r and Registered Land Surveyor 
licensee shall issue public statements only in an objective and 
truthful manner and: 

(1) Shall be objective and truthful in all professional 
reports, statements or testimony. The registrant 
licensee shall include all relevant and pertinent 
information in such reports, statements or testimony. 

(2) When serving as an expert or technical witness before 
any court, commission, or other tribunal, shall express 
an opinion only when it is founded upon adequate 
knowledge of the facts in issue, upon a background of 
technical competence in the subject matter, and upon 
honest conviction of the accuracy and propriety of the 
r eg i strant's licensee's testimony. 

(3) Shall issue no statements, criticisms, or arguments on 
engineering or land surveying matters connected with 
public policy which are inspired or paid for by an 
interested party, or parties, unless the re gis tr ant 
licensee has prefaced the comment by explicitly 
identifying the r egis tr ant's licensee's name, by 
disclosing the identities of the party or parties on 
whose behalf the r egist r a n t licensee is speaking, and 
by revealing the existence of any pecuniary interest 
the registrant licensee may have in the instant matters. 

(4) Shall not attempt to injure, maliciously or falsely, 
directly or indirectly, the professional reputation, 
prospects, practice or employment of another engi neer 
or land surveyor, nor indiscriminately criticize 
another engineer or land surveyor's work in public. If 
the registrant licensee believes that another engineer 
or land surveyor is guilty of misconduct or illegal 
practice, such information shall be presented to the 
North Carolina Stat e Board of Registration. 
Examiners. 

(e) The P r ofessio n al Enginee r and Registe r ed La n d Surveyor 
licensee shall avoid conflicts of interest and: 

( 1 ) Shall promptly inform the employer or client of any 
business association, interests, or circumstances 
which could influence judgment or the quality of 
services. 

(2) Shall not accept compensation, financial or otherwise, 
from more than one party for services on the same 
project, or for services pertaining to the same project, 
unless the circumstances are fully disclosed to, and 
agreed to, by all interested parties. 

(3) Shall not solicit or accept financial or other valuable 
considerations from material or equipment suppliers 
for specifying their products. 

(4) Shall not solicit or accept gratuities, directly or 
indirectly, from contractors, their agents, or other 
parties dealing with the client or employer in 
connection with work for which the regist r a n t licensee 
is responsible. 

(5) When in public service as a member, advisor, or 
employee of a governmental body or department. 



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PROPOSED RULES 



(6) 



(7) 



shall not participate in considerations or actions with 
respect to services provided by the r egist r ant licensee 
or the r e gistrant's licensee's organization in private 
engineering and land surveying practices. 
Shall not solicit or accept an engineering or land 
surveying contract from a governmental body on 
which a principal or officer of the registrant's 
licensee'sorganization serves as a member. 



Shall not attempt to supplant another engineer or land 
surveyor in a particular employment after becoming 
aware that the other has been selected for the 
employment. 

(f) The Professio n al Dnginee r a n d Registered Land Surveyo r 
licensee shall solicit or accept work only on the basis of 
qualifications and: 

(1) Shall not offer to pay, either directly or indirectly, any 
commission, political contribution, gift, or other 
consideration in order to secure work, exclusive of 
securing salaried positions through employment 
agencies. 

(2) Shall compete for employment on the basis of 
professional qualification and competence to perform 
the work. The registrant licensee shall not solicit or 
submit proposals for professional services containing 
a false, fraudulent, misleading, deceptive or unfair 
statement or claim regarding the cost, quality or 
extent of services to be rendered. 

(3) Shall, with regard to fee bidding on public projects, 
comply with the provisions of G.S. 143-64.31. and 
shall not knowinglv cooperate in a violation of any 
provision of G.S. 143-64.31. 

(5) (4} Shall not falsify or permit misrepresentation of 
academic or professional qualifications, qualifications 
and shall only report educational qualifications when 
a degree or certificate was awarded, unless it is 
clearly stated that no degree or certificate was 
awarded. The r egistrant licensee shall not 
misrepresent degree of responsibility in or for the 
subject matter of prior assignments. Brochures or 
other presentations incident to the solicitation of 
employment shall not misrepresent pertinent facts 
concerning employers, employees, associates, joint 
ventures, or past accomplishments with the intent and 
purpose of enhancing qualifications and work. 

(g) The Professional Engineer and Registe r ed Land Surveyor 
Licensee shall perform services in an ethical and lawful manner 
and: 

( 1 ) Shall not knowingly associate with or permit the use 
of the registrant's licensee's name or firm name in a 
business venture by any person or firm which the 
re gistrant licensee knows, or has reason to believe, is 
engaging in business or professional practices of a 
fraudulent or dishonest nature, nature or is not 
properly licensed. 

(2) If the registrant licensee has knowledge or reason to 
believe that another person or firm may be in 



violation of any of these provisions or of the North 

Carolina Engineering and Land Surveying Act. shall 

present such information to the Board in writing and 

shall cooperate with the Board in furnishing such 

further information or assistance as may be required 

by the Board. The registrant licensee shall timely 

respond to all inquiries and correspondence from the 

Board and shall timely claim correspondence from the 

U. S. Postal Service, or other delivery service, sent to 

the r egist r ant licensee from the Board. 

(h) A Professional Engineer or Reg i s t e r ed Professional Land 

Surveyor who has received a reprimand or civil penalty or 

whose professional r egistratio n license is revoked or suspended 

revoked, suspended, denied, or surrendered as a result of 

disciplinary action by another j urisdiction, jurisdiction shall be 

subject to discipline by the Board if the re gist r ant's licensee's 

action violates constitutes a violation of Chapter 89C of the 

North Carolina General Statutes or these rules, the rules 

promulgated by the Board. 

Authority G.S. 89C-17: 89C-20. 

.0702 RULES OF CONDUCT OF ADVERTISING 

(a) The Professional Engineer or Registe r ed Professional 
Land Surveyor shall not make exaggerated, misleading, 
deceptive or false statements or claims about professional 
qualifications, experience or performance in brochures, 
correspondence, listings, or other public communications. 

(b) The prohibitions listed in Paragraph (a) of this Rule 
include, but are not limited to, the use of statements containing 
a material misrepresentation of fact or omitting a material fact 
necessary to keep the statement from being misleading; 
statements intended or likely to create an unjustified expectation; 
and statements containing a prediction of future success. 

(c) Consistent with the foregoing, the Professional Engineer 
or Registered Professional Land Surveyor may advertise for 
recruitment of personnel. 

(d) Consistent with the foregoing, the Professional Engineer 
or Registered Professional Land Surveyor may prepare articles 
for the lay or technical press. Such articles shall not imply credit 
to the author for work performed by others. 

Authority G.S. 89C-20. 

SECTION .0800 - FIRM LICENSURE 

.0802 PROCEDURE 

(a) Professional Corporations and Limited Liability 
Companies: 

( 1 ) Request. A request for an application for r eg i s tr a t ion 
licensure as a professional corporation or professional 
limited liability company engaged in the practice of 
engineering or land surveying may be made at the 
Board address. 

(2) Applicable Form. All professional corporations and 
professional limited liability companies complying 



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1163 



PROPOSED RULES 



with the statutory requirements of G.S. 89C, G.S. 55B 
and G.S. 57C which desire to practice engineering or 
land surveying shall apply by using a form prepared 
by the Board. This form shall require the applicant, 
by and through an officer, director and shareholder of 
the professional corporation or limited liability 
company who is currently licensed with the North 
Carolina St a t e Board of Regist r ation Examiners for 
Professional Engineers and Land Surveyors in the 
field(s) of professional services to be offered, to 
certify that it and the stockholders of the corporation 
or members of the limited liability company have 
complied with the provisions of the applicable 
provisions of the General Statutes and requires that 
the officers, directors, shareholders, members and 
professional employees be listed on that application. 
(3) Certificate of Registration Licensure : 

(A) Upon receiving the application with 
r e g istration licensure fee of fifty one hundred 
dollars ($ 50.00), ($100.00). the Board, after 
determining that the firm has complied with the 
statutory requirements, will then issue a 
certificate of compliance. 

(B) The firm, then, must forward the certificate of 
compliance to the Secretary of State along wi th 
its articles of incorporation or articles of 
organization. 

(C) Upon approval by the Secretary of State, the 
firm then must forward to the Board a certified 
copy of its articles of incorporation or articles 
of organization. 

(D) Upon receipt of the certified copy of the 
articles of the firm, if all statutory requirements 
have been met, the Board will approve the 
application and issue the firm a certificate of 
r eg i st r ation licensure. 

(b) Business Firms: Firms and Chapter 87 Corporations: 

(1) Request. A request for an application for registration 
licensure as a business firm or Chapter 87 corporation 
[as defined in G.S. 55B-15(a)(2)l engaged in the 
practice of engineering or land surveying may be 
made at the Board address. A sole proprietorship 
owned and operated by the individual licensee in the 
licensee's name as reflected in the Board's records is 
exempt from firm licensure. 

(2) Applicable Form. All business firms or Chapter 87 
corporations which that desire to practice engineering 
or land surveying shall apply by using a form 
prepared by the Board. The form shall require the 
applicant, through a principal officer, partner or 
owner, to certify that the business firm shall be 
operated in compliance with the laws of the State of 
North Carolina and the rules of the North Carolina 
S t ate Board of Reg i st r atio n Examiners for 
P r ofes si o n al Engineers and Land Surveyors. 

tc^(3) Certificate of Registration. Licensure. Upon 
receiving the application with registration licensure 



fee of fifty one hundred dollars ($50.00), ($100.00), 
the Board, after determining that the firm has 
complied with the statutory requirements, shall then 
issue a certificate of registration, licensure. 

Authority G.S. 55B-4; 55B-10; 57C-2.01: 89C-10; 89C-24. 

.0804 ANNUAL RENEWAL 

(a) Renewal. The certificate of registration licensure for a 
professional corporation, limited liability company or business 
firm shall be renewed annually. 

(b) Expiration. The certificate of registratio n licensure shall 
expire on the last day of June following its issuance by the 
Board and shall become invalid on that date unless renewed. 

(c) Written Application. Upon written application on a 
renewal form prescribed by the Board accompanied by the 
prescribed fee of twentv five fort v dollars ($25.00), ($40.00). the 
Board shall renew the certificate of r eg i st r ation licensure 
providing that the firm has complied with all rules of the Board 
and applicable General Statutes of North Carolina. The form 
shall be mailed to all registrants in good standing no later than 
June 1st. A late fee is applied in accordance with G.S. 89C-I7. 
The licensed entity shall give notice to the Board of a change of 
business address within 30 days of the change. 

(d) Failure of a firm to renew its certificate of registration 
licensure within one year of the expiration date shall require the 
firm to submit a new application for a new certificate of 
r egistration licensure in accordance with all requirements of 
these Rules and of all applicable statutes. 

Authority G.S. 55B-I1; 57C-2.01; 89C-10; 89C-24. 



SECTION .0900 



BUSINESS ORGANIZATIONS: 
GENERAL 



.0901 OFFICES 

(a) Professional Engineering Services. Every firm, 
partnership, corporation or limited liability company which 
performs or offers to perform engineering services in the State 
of North Carolina shall have a resident registered Professional 
Engineer in responsible charge in each separate office in which 
professional engineering services are performed or offered to be 
performed. 

(b) Land Surveying Services. Every firm, partnership, 
corporation or limited liability company which performs or 
offers to perform land surveying services in the State of North 
Carolina shall have a resident Registered Professional Land 
Surveyor in responsible charge in each separate office in which 
land surveying services are performed or offered to be 
performed. 

(c) Resident. A resident r egiste r ed Professional Engineer or 
Reg i s t ered Professional Land Surveyor as used in this Rule, 
means a licensee who spends a majority of the licencee's 
licensee's normal working fime in said place of business. Such 
time shall not be less than a majority of the operating hours of 
the business. A registered Professional Engineer or Registe r ed 
Professional Land Surveyor shall be the resident licensee at only 



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PROPOSED RULES 



one place of business at one t ime, time unless each business is 
at least one-third owned by the resident professional and is 
specifically approved by the Board after a determination that the 
businesses are integrated in operation, ownership, office location 
and that the licensee will be in responsible charge of the 
professional services. 

(d) No firm, partnership, corporation or limited liability 
company shall practice, or offer to practice, or market either land 
surveying or engineering unless there is a registered licensed 
resident for that service in responsible charge at that said place 
of business. Advertisements, signs, letterheads, business cards, 
directories, or any other form of representation shall avoid any 
reference to any service that cannot be provided under the 
responsible charge of a properly qualified resident professional. 

Aiithorin G.S. 57C-2.0I: 89C-I0: 89C-24. 

.0902 TITLES OF BUSINESS ENTITIES 

(a) Companies, partnerships, corporations, limited liability 
companies or any other business organization providing 
professional engineering or land surveying services in North 
Carolina shall not practice under a name that is misleading. 
Except as provided below, the titk titles of engineering or land 
surveying companies, partnerships, corporations, limited 
liability companies or any other business organization organized 
primarily to provide such professional services shall not contain 
the name of an individual not registered licensed to provide the 
professional services offered or eligible for re gist r atio n licensure 
under the provisions of G.S. 89C- 1 3. 

(b) A firm may include in its title the name or names of one 
or more deceased or retired former members of the firm, 
provided that the firm submits a letter of request and explanation 
with its application to the Board, and that the Board finds as fact 
that the use of the name is not misleading. 

(c) A business organization shall not change its title, or 
operate under an assumed name, without first applying to the 
Board for a determination that the proposed title meets the 
requirements of Paragraph (a) of this Rule. Requests for name 
changes shall be made in writing on forms provided by the 
Board for this purpose. 

Authority G.S. 55B-5; 57 C -2.01; 89C-10; 89C-24. 



practice engineering or land surveying in the State of North 
Carolina on a temporary basis may be made at the Board 
address. 

(b) Applicable Forms. The fornis provided by the Board for 
persons requesting a temporary permit requires require the 
applicant to set forth the period of time in which he desires a 
temporary peiniit, for which a temporary permit is desired, tti 
certify tha t he i s currently r egist er ed licensed to practice in his 
own state, state of residence. and ttrname the project or work for 
which the permit is desired. 

(c) Verified Regis t ration. Licensure. Before a temporary 
permit may be issued, a written verification of the applicant's 
current r egistration licensure in his ow n state of residence must 
be received directly from the applicant's licensing Board. 

(d) Fee. Registration Licensure fee for applying for a 
temporary permit is payable with the filing of the application. 
No portion of this fee is refundable. 

Authority G.S. 89C-10: 89C-25. 

.1003 SEAL 

All plans, specifications, plats and reports issued by a 
temporary regist r ant licensee in North Carolina shall be stamped 
or embossed with the seal of the state in which the r eg i st r a n t 
individual is licensed, licensed as required by section .1 100. In 
addition, however, the temporary r egistran t licensee shall note 
directly beneath his the seal the North Carolina permit number, 
the expiration date of the temporary permit and the signature of 
the temporary r egist r a n t, licensee. 

Authority G.S. 89C-10: 89C-25. 

SECTION .1100 - SEAL 

.1101 GENERAL 

The Board considers it misconduct for a Professional Engineer 
or Registe r ed Licensed Land Surveyor to seal work done by 
another individual unless the work is performed under the 
"responsible charge" of the Professional Engineer or Reg is te r ed 
Licensed Land Surveyor. 

Authority- G.S. 89C-3(10); 89C-W; 89C-16. 



SECTION .1000 - TEMPORARY PERMIT 

.1001 GENERAL 

A person who is eligible to be regi s t e red licensed in North 
Carolina by comity may apply for a permit to practice 
engineering or land surveying in the State of North Carolina for 
an aggregate, consecutive total of 90 days in any one calendar 
year. 



.1102 DESIGN 

The standard design of the seal shall be two concentric circles 
in which North Carolina and the name of the registrant licensee 
are placed within the outermost circle and in which the 
regist r ation license number of the r eg i st r a n t licensee and either 
"Professional Engineer" or "Regis t ered Professional Land 
Surveyor," is placed within the innermost circle. The size shall 
be approximately 1 3/4 inches in diameter. 



Authority- G.S. 89C-25. 



Authorit\- G.S. 89C-10: 89C-I6. 



.1002 APPLICATION PROCEDURE 

(a) Request. A request for an application for a permit to 



.1103 STANDARD CERTIFICATION 
REQUIREMENTS 



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PROPOSED RULES 



(a) Certification. The seal of a registrant licensee on a map, 
drawing, plan, specification, plat, document, or report shall 
signify that it is the final work of the registrant licensee unless 
the work is stamped or clearly marked as "preliminary work" as 
follows: follows, in which case certification is optional: 

(1) "Preliminary - Do not use for construction", 

(2) "Progress Drawings - Do not use for construction", 

(3) "Preliminary Plat - Not for recordation, conveyances, 
or sales", 

(4) "Final Drawing - Not released for construction", 

(5) "Final Drawing - For Review Purposes Only". 

(b) Certification of Final Drawings. Certification is not 
required fo r "p r el i mi n a r y wo r k." All other drawings Drawings 
or maps not conforming to Paragraph (a) of this Rule shall 
conform to the following: 



(1) 



(2) 



(3) 



(4) 



(5) 



(6) 



Certification is required on reproducibles or original 

drawings. 

The seal may be a rubber stamp, embossed seal, 

computer-generated seal, or other facsimile that 

becomes a permanent addition to a plan sheet or map. 

The r egistra n t's licensee's written signature must be 

placed over, or near, the seal on the original 

document. A facsimile signature is not acceptable. 

The date of signing must be annotated on the original 

document. 

All sheets of engineering and surveying drawings 

must be sealed. 

The name and address of the 



firm shall be included on each sheet of engineering 
drawings. For surveys, the r egistra n t's licensee's 
name and address shall be included on the first sheet 
of the survey or title sheet. 

(c) Certification of Specifications and Reports. Ceitification 
is n ot required for "preliminary work." All other specificatio n s 
and re p oits specifications, reports, or other documents, including 
letter reports and calculations, not conforming to Paragraph (a) 
of this Rule shall conform to the following: 

(1) Certification is required on original s p ecifications. 
specifications, reports, or other documents, including 
letter reports and calculations. 

(2) The seal may be a rubber stamp, or other facsimile. 

(3) The registrant's licensee's written signature must be 
placed over, or near, the seal on the original 
document. A facsimile signature is not acceptable. 

(4) The date of signing must be annotated on the original 
document. 

(5) The title sheet of engineering specifications or other 
reports must be sealed and bear the name and address 
of the registrant's licensee's firm. The title sheet of 
any survey report or written description of property 
shall include the name and address of the Registered 
Professional Land Surveyor. 

(d) Electronically transmitted drawings. Drawings that are 
transmitted electronically to a client or a governmental agency 
shall have the computer-generated seal removed from the 
original file. The electronic media shall have the following 
inserted in lieu of the signature and date: This document 



originally issued and sealed by (name of sealer), (registration 
numbe r ), (license number), on (Date of sealing). This media 
shall not be considered a certified document. 

Authority G.S. 89C-10; 89C-16. 

.1104 CERTIFICATION WITH TEMPORARY 
PERMIT 

All plans, specifications, plats, and reports issued by a person 
holding temporary r egistration license in North Carolina, and for 
use in North Carolina, shall be stamped with the registrant's 
licensee's seal from the state of residence where peimaueiitly 
r egistered licensed and in good standing. Directly beneath this 
seal, the r egistrant licensee shall note the North Carolina 
Temporary Permit Number, written signature, and the date of 
signing. A facsimile signature is not acceptable. 

Authority G.S. 89C-10: 89C-16; 89C-25. 

.1105 FIRM SEAL 

The use of a seal by a firm is not required for certification. A 
firm seal is not authorized for use in lieu of the required seal of 
a Professional Engineer or Registe r ed Professional Land 
Surveyor. When a firm seal is used, it does not relieve the 
individual r egistrant licensee of the requirements and 
responsibilities pertaining to the individual's seal. 



icensee's Authority G.S. 89C-J0: 89C-16: 89C-25. 



.1 106 CERTIFICATION OF STANDARD DESIGN 
PLANS 

Standard design plans must initially be prepared and sealed by 
a Professional Engineer properly registered licensed in the state 
of origin of such plans. Standard design plans may then be 
reviewed by a North Carolina Professional Engineer for code 
conformance, design adequacy, and site adaption adaptation for 
the specific application within North Carolina. The Professional 
Engineer who is registered licensed in North Carolina assumes 
responsibility for such standard designs. Standard plans, which 
bear the seal of a Professional Engineer who is registered 
licensed in another state, shall be sealed by the North Carolina 
resident Professional Engineer who is assuming responsibility. 
In addition to the seal, a statement shall be included as follows: 
"These plans have been properly examined by the undersigned. 
I have determined that they comply with existing local North 
Carolina codes, and have been properly site adapted for use in 
this area." 

Authority G.S. 89C-10: 89C-16. 

SECTION .1200 - RULEMAKING PROCEDURES 

.1201 PETITIONS 

(a) Any person wishing to submit a petition requesting the 
adoption, amendment or repeal of a rule by the Board shall send 
the petition to the executive secretary director at the Board's 



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office in Raleigh, North Carolina. 

(b) The petition shall contain the following information: 

( 1 ) a draft of the proposed rule; 

(2) reason for proposal; 

(3) effect on existing rules; 

(4) any data supporting proposal; 

(5) effect of the proposed rule on existing practices in the 
area involved, including cost factors; 

(6) names of those most likely to be affected by the 
proposed rule, with addresses if reasonably known; 
and 

(7) name and address of each petitioner. 

(c) A review committee made up of one member of the 
Board, the executive secretary director and the legal counsel for 
the Board, on behalf of the Board, shall determine, based on a 
study of the facts stated in the petition, whether the public 
interest will be served by granting it. It shall consider all the 
contents of the submitted petition, plus any additional 
information it deems relevant. 

(d) The executive secretary director , on behalf of the review 
committee, shall make a recommendation to the Board for the 
denial of the petition or the institution of rulemaking 
proceedings, as the case may be. 

(e) Within 1 20 days of submission of the petition, the Board 
shall render a final decision. 

(0 If the decision is to deny the petition, the executive 
sec r etary, director, on behalf of the Board, will notify the 
petitioner in writing, stating the reasons therefore. If the 
decision is to grant the petition, the Board shall publish notice of 
rulemaking proceedings. 

Authority G.S. 89C-10: 150B-20. 

.1203 HEARINGS 

(a) Unless otherwise stated in a particular rulemaking notice, 
hearings before the Board shall be held in the Board office. 

(b) Presentations may not exceed 10 minutes unless, upon 
request, either before or at the hearing, the Board grants an 
extension of time, for a fuller explanation. 

(c) Upon receipt of a request to make an oral presentation the 
executive secretary director shall acknowledge receipt of the 
request, and inform the person making the request of the 
imposition of any limitations deemed necessary to the end of a 
full and effective public hearing on the proposed rule. 

(d) Any person may file a written submission containing data, 
comments or arguments after publication of a rulemaking notice 
as allowed by G.S. 150B-2 1.2(0- Written submissions, except 
when otherwise stated in the particular rulemaking notice, shall 
be sent to the Board. Such submissions shall clearly state the 
proposed rule(s) to which the comments are addressed. 

(e) Upon receipt of such written comments, prompt 
acknowledgment shall be made by the Board. 

(0 The presiding officer at the hearing shall have complete 
control of the proceedings, including extensions of any time 
requirements, recognition of speakers, time allotments for 
presentations, direction of the flow of the discussion and the 



management of the hearing. The presiding officer, at all times, 
shall take care that each person participating in the hearing is 
given a fair opportunity to present views, data and comments. 
(g) A record of all rulemaking proceedings shall be 
maintained at the Board's office. 

Authority G.S. 89C-W: 150B-21.2. 

SECTION .1300 - BOARD DISCIPLINARY 
PROCEDURES 

.1301 IMPROPER PRACTICE BY A LICENSEE 

(a) General. Alleged improper practice by a r egistrant 
licensee shall be subject to Board investigation and disciplinary 
action by the Board if necessary. 

(b) Preferting Charges. Any person who believes that any 
licensed Professional Engineer, Registered Professional Land 
Surveyor or firm holding a certificate of authorization is in 
violation of the provisions of G.S. 89C or the rules in this 
Chapter may prefer charges against that person or firm by setting 
forth in writing those charges and swearing to their authe n ticity. 
authenticitv, along with providing cortoborative evidence. The 
charges shall be filed at the Board's office in Raleigh, North 
Carolina. 

(c) Preliminary Review; 

(1) Upon receipt of a properly filed charge, an 
investigation shall be initiated. 

(2) A written notice and explanation of the charge shall 
be forwarded to the person or firm against whom the 
charge is made and a response is requested of the 
person or firm so charged to show compliance with 
all lawful requirements for retention of the license. 
Notice of the charge and of the alleged facts or 
alleged conduct shall be given personally or by 
certified mail, return receipt requested. 

(3) In the discretion of the executive secreta r y, director. 
a field investigation may be performed. 

(4) After preliminary evidence has been obtained, the 
matter shall be referted to the Board's review 
committee which is made up of the following 
individuals: 

(A) one member of the Board, Board who is 
licensed in the respective profession, 

(B) the legal counsel of the Board, and 

(C) the executive secretary director of the Board. 

(5) Upon review of the available evidence, the review 
committee shall present to the Board a written 
recommendation that: 

(A) The charge be dismissed as unfounded or 
trivial; 

(B) When the charge is admitted as true, the Board 
accept the admission of guilt by the person 
charged and order that person not to commit in 
the future the specific act or acts admitted and 
also not to violate any of the provisions of the 
Board Rules or the statutes at any time in the 



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future; 

(C) The charge, whether admitted or denied, be 
presented to the full Board for a hearing and 
determination by the Board on the merits of the 
charge in accordance with the substantive and 
procedural requirements of the provisions of 
Section .1400 of this Chapter and the 
provisions of G.S. 150B; or 

(D) Whether the charge is admitted or denied, the 
Board give notice to the regist r ant licensee of 
a contemplated action as set out in Rule 
.1403(b) of this Chapter. 

(d) Consultant. A consultant to the review committee shall 
be designated bv the Board Chair if a current board member is 
a complainant, witness or respondent in a case. The consultant 
shall be a currently licensed professional engineer or 
professional land surveyor, depending on the nature of the case, 
selected from a hst provided by the executive director. The 
consultant shall review all case materials and make a 
recommendation for consideration by the review committee as 
to the merits of the case. The consultant shall review any new 
information presented in the event of a settlement conference 
and make a recommendation to the settlement conference 
committee. 



(tf) (e) Board Decision. Notice of the decision by the Board 
on recommendations of the review committee shall be given to 
the party against whom the charges have been brought and the 
party submitting the charge. Though it is not forbidden to do so, 
the Board is not required to notify the parties of the reasons of 
the Board in making its determination. 

(c) (f} Settlement Conference. When the Board issues a 
citation for hearing or notice of a contemplated action, the 
registrant licensee may request in writing a settlement 
conference to pursue resolution of the issue(s) through informal 
procedures. If, after the completion of a settlement conference, 
the registrant licensee and Boards settlement committee do not 
agree to a resolution of the dispute for the full Board's 
consideration, the original administrative proceeding shall 
commence. During the course of the settlement conference, no 
sworn testimony shall be taken nor shall any witnesses be cross- 
examined. 

( 1 ) The Board's settlement committee shall be made up of 
the following individuals; 

(A) the member of the Board who served on the 
review committee or the replacement if no 
longer a member of the Board, 

(B) one public member from the Board, 

(C) the legal counsel of the Board, and 

(D) the executive sec r eta r y director of the Board. 

(2) Upon review of the available evidence, the settlement 
committee shall present to the Board a written 
recommendation that; 

(A) the charge be dismissed as unfounded or 
trivial; 

(B) when the charge is admitted as true, the Board 
accept the admission of guilt by the person 
charged and order the person not to commit in 



the future the specific act or acts admitted and, 
also, not to violate any provisions of the Board 
Rules or the statutes at any time in the future; 

(C) the charge, whether admitted or denied, be 
presented to the full Board for a hearing and 
determination by the Board on the merits of the 
charge in accordance with the substantive and 
procedural requirements of the provisions of 
Section .1400 of this Chapter and the 
provisions of G.S. 150B; or 

(D) whether the charge is admitted or denied, the 
Board give notice to the r eg i s tr an t licensee of 
a contemplated action as set out in Rule 
.1403(b) of this Chapter. 

Authority G.S. 89C-10: 89C-21: 89C-22. 

.1302 UNLAWFUL PRACTICE BY AN UNLICENSED 
PERSON 

(a) General. Alleged unlawful practice by an unregistered 
unlicensed person shall be subject to Board investigation and 
reference referral to an agency of the state for appropriate legal 
action. 

(b) Preferring Charges. Any person who believes that any 
person or firm is in violation of the acts specified in G.S. 89C 
may prefer charges against that person or c-firm by setting forth 
in writing those charges and swearing to their authenticity. TTie 
charges shall be filed at the Board's office in Raleigh, North 
Carolina. 

(c) Preliminary or Threshold Determination: 

(1) Upon receipt of a properly filed charge, an 
investigation shall be initiated. 

(2) At the discretion of the executive sec r etary, director. 
a field investigation may be performed without 
notifying any of the parties involved. 

(3) After preliminary evidence has been obtained, the 
matter shall be referred to the Board's review 
committee which is made up of the following 
individuals: 

(A) one member of the Board, 

(B) the legal counsel of the Board, and 

(C) the executive sec r eta r y director. 

(4) The review committee shall recommend to the Board 
whether there is probable cause to believe that a party 
against whom a charge has been brought in fact has 
violated the provisions of G.S. 89C. 

(5) Upon review of the available evidence, the review 
committee shall make a threshold determination of the 
charges brought. The review committee shall then 
present to the Board written recommendations that; 

(A) The investigation be continued, 

(B) The charge be dismissed as unfounded or 
trivial, 

(C) The matter be referred to an appropriate agency 
for necessary legal action. 

(d) Board Decision. Notice of decision by the Board on 
recommendations of the review committee shall be given to the 



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party submitting the charge. 
Authority G.S. 89C-10; 89C-23. 

SECTION .1400 - CONTESTED CASES 

.1409 CONDUCT OF CONTESTED CASE 

(a) Failure to Appear: 

( 1 ) If a party served with notice requests a hearing within 
the time required and fails to appear without having 
notified the Board, and no continuance or 
adjournment is ordered, the party is considered to 
have waived the right to appear at the hearing and the 
Board may proceed with the hearing in the party's 
absence. 

(2) If the absent party is the only party other than the 
Board, the Board may proceed with the heanng and 
make its decision in the party's absence. 

(3) Continuances and adjournments shall be granted to a 
party only in compelling circumstances and for 
hardship noted. 

(4) If a hearing is conducted or a decision reached in the 
absence of a party, that party may petition the Board 
for a reopening of the case. Petitions will not be 
granted, except when petitioner can show that the 
reasons for the failure to appear were justifiable and 
that fairness requires reopening of the case. The 
decision made by the Board will be in writing. A copy 
will be sent to the petitioner and made a part of the 
record of the contested case. 

(b) Simplification of Issues. The parties to a contested case 
may agree in advance to simplify the hearing by eliminating 
issues to be contested at the hearing, accepting the validity of 
certain proposed evidence, accepting the findings in some other 
case with relevance to the case at hand, or agreeing to such other 
matters as may expedite the hearing. 

(c) Subpoenas: 

( 1 ) The executive sec re ta r y director shall issue subpoenas 
in the Board's name. 

(2) Subpoenas requiring the attendance of witnesses, or 
those to produce documents, evidence, or things, will 
be issued by the executive sec re ta ry director within 
five business days of the receipt of a request from a 
party to the case for such subpoena. 

(3) Any person receiving a subpoena from the Board may 
object thereto by filing a written objection to the 
subpoena with the Board. Such objection must 
include a concise, but complete statement of reasons 
why the subpoena should be revoked or modified. 
These reasons may include lack of relevancy of the 
evidence requested, lack of particularity in the 
description of the evidence sought, or any other 
reasons sufficient in law for holding the subpoena 
invalid, such as that the evidence is privileged, that 
appearance or production would be so disruptive as to 
be unreasonable in light of the significance of the 



evidence sought, or other undue hardships. 

(4) The objecting witness shall serve the objection on the 
party who requested the subpoena as soon as the 
objection is filed with the Board. 

(5) The party requesting the subpoena, within t"ive days, 
may file a written response to the objection. The 
response shall be served in like manner as the 
objection. 

(6) After receipt of the objection and response thereto, if 
any, the Board shall issue a notice to the party who 
requested and the party challenging the subpoena, and 
may notify all other parties of an open hearing, to be 
scheduled as soon as practicable, at which time 
evidence and testimony may be presented limited to 
the questions raised by the objection and response, if 
any. 

(7) Promptly after the close of such hearing, the Board 
will rule on the challenge and issue a written decision. 
A copy of this decision will be issued to all parties 
and made a part of the record. 

Authority G.S. 89C-10; 89C-21; 89C-22; J50B-38: 150B-39; 
150B-40. 

SECTION .1500 - FEES 

.1501 GENERAL 

(a) The secretary and executive secretary director shall 
annually enumerate the costs to the Board of items for which 
fees are to be set by the Board and charged to applicants for 
registration licensure or to registrants, licensees. The amounts, 
upon being approved by the Board, shall be published as the fees 
to be charged. The amounts set cannot exceed the maximum 
amounts established by statute. 

(b) Fees for returned checks shall he in the maximum amount 
established by G.S. 25-3.512. 

Authority G.S. 89C-14: 89C-17: 89C-18. 

SECTION .1600 - STANDARDS OF PRACTICE FOR 
LAND SURVEYING IN NORTH CAROLINA 

.1601 GENERAL 

In order to better serve the general public in regulating the 
practice of land surveying in North Carolina, these minimum 
standards of practice are established, and shall be observed by 
R e gis t e r ed Professional Land Surveyors in the practice of land 
surveying. 

Authorit}' G.S 89C-I0: 89C-21. 

.1602 SURVEYING PROCEDURES 

(a) A Registered Professional Land Surveyor shall spend the 
necessary time and effort to make adequate investigation to 
determine if there are encroachments, gaps, lappages, or other 
irregularities along each line surveyed. Points may be placed on 



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PROPOSED RULES 



the line from nearby closed or verified traverses and the 
necessary investigations made from these points. If these 
investigations are not made, then the surveyor shall not certify 
to an actual survey of that line and the plat must contain the 
appropriate qualifications in accordance with these standards. 

(b) Any and al! visible or determined encroachments or 
easements on the property being surveyed shall be accurately 
located and clearly indicated. 

(c) With respect to investigation of property boundaries and 
recorded easements, the surveyor shall, at a minimum, examine 
the most recent deeds and recorded plats adjacent to the subject 
property as well as all deeds and plats recorded after the date of 
the deed or plat upon which the survey is being b ased, based (the 
survey reference deed or plat). 

(tr> (d) Except as provided in Paragraph fd) (ej of the Rule, 
metal stakes or materials of comparable permanence shall be 
placed at all comers. 

(d) (ej Where a comer falls in a right-of-way, in a tree, in a 
stream, or on a fence post, boulder, stone, etc., one or more 
monuments or metal stakes shall be placed in the boundary line 
so that the inaccessible point may be located accurately on the 
ground and the map. C om ers of a prop e r ly li n e on a road r ight- 
of-way or margin shall be monumented at the points of entry and 
exit. Tlie inte r med i ate co r ne r s n eed n ot be mo n um e nted if due 



to proximate location to the entry and exit points, they may be 
confused with the en tr y and exit points. 

te) (D The results of a survey when reported to the user of 
that survey, whether in written or graphic fomi, shall be 
prepared in a clear and factual manner. All reference sources 
shall be identified. Artificial monuments called for in such 
reports shall be described as found or set. When no monument 
is found or set for points described in Paragraph (d) of this Rule, 
shown in such reports, that fact shall be noted. 

if) £g] Where the results of a survey are reported in the form 
of a plat or a written description, one or more comers shall, by 
a system of azimuths or courses and distances, be accurately tied 
to and coordinated with a horizontal control monument of some 
United States or State Agency survey system, such as the North 
Carolina Geodetic Survey, where such monument is within 2000 
feet of the subject property, right-of-way, easement or other 
surveyed entity. Where the North Carolina grid system 
coordinates of said monument are on file in the North Carolina 
Department of Environment and Natural Resources, the 
coordinates of both the referenced comer or point and the 
monument(s) shall be shown in X (easting) and Y (northing) 
coordinates on the plat or in the written description or document. 
The coordinates shall be identified as based on 'NAD 83', 
indicating North American Datum of 1983 or as NAD 27' 
indicating North American Datum of 1927. The tie lines to the 
monuments must be sufficient to establish true north or grid 
north bearings for the plat or description if the monuments exist 
in pairs. Control monuments within a previously recorded 
subdivision may be used in lieu of grid control. In the interest 
of bearing consistency with previously recorded plats, existing 
bearing control may be used where practical. In the absence of 
Grid Control, other natural or artificial monuments or landmarks 
shall be used. In all cases, the tie lines shall be sufficient to 



accurately reproduce the subject lands from the control or 
reference points used. 

tg) Ih] Area is to be computed by double meridian distance 
or equally accurate method and shown on the face of the plat, 
written description or other document. Area computations by 
estimation, by planimeter, by scale, or by copying from another 
source are not acceptable methods, except in the case of tracts 
containing inaccessible areas and in these areas the method of 
computation will be clearly stated. 

Authority G.S. 89C-10: 89C-21. 

.1603 CLASSIFICATION OF BOUNDARY SURVEYS 

General. Boundary surveys are defined as surveys made to 
establish or to retrace a boundary line on the ground, or to obtain 
data for constructing a map or plat showing a boundary line. For 
the purpose of this Rule the term refers to all surveys, including 
"loan" or "physical" surveys, which involve the determination or 
depiction of property lines. For the purpose of specifying 
minimum allowable surveying standards for boundary surveys, 
the following four general classifications of lands in North 
Carolina are established from the standpoint of their real value, 
tax value, or location. Each map shall contain a statement of the 
calculated ratio of precision before adjustments. Positional 
accuracy may be used in lieu of Ratio of Precision when a 
network of multiple traverse loops is used in the field and the 
network has been adjusted by the least squares method. 

(1) Local Control Network Surveys (Class AA). Local 
control network surveys are traverse networks 
utilizing permanent points for the purpose of 
establishing local horizontal control networks for 
future use of local surveyors. For Class AA boundary 
surveys in North Carolina, the angularertor of closure 
shall not exceed ten seconds times the square root of 
the number of angles turned. The ratio of precision 
shall not exceed an error of closure of one foot per 
20,000 feet of perimeter of the parcel of land 
(1:20,000). When using positional accuracy standards 
for Class AA control and boundary surveys, neither 
axis of the ertor ellipse for any control point or 
property corner shall exceed 0.05 feet or 0.0 15 meters 
measured relative to the position(s) of the horizontal 
control points used and referenced on the survey. 

(2) Urban Land Surveys (Class A). Urban surveys 
include lands which normally lie within a town or 
city. For Class A boundary surveys in North 
Carolina, the angular error of closure shall not exceed 
20 seconds times the square root of the number of 
angles turned. The ratio of precision shall not exceed 
an error of closure of one foot per 10,000 feet of 
perimeter of the parcel of land (1:10,000). When 
using positional accuracy standards for Class A 
control and boundary surveys, neither axis of the error 
ellipse for any control point or property corner shall 
exceed 0.10 feet or 0.030 meters measured relative to 
the position(s) of the horizontal control points used 
and referenced on the survey. 



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(3) Suburban Land Surveys (Class B). Suburban surveys 
include lands in or surrounding the urban properties 
of a town or city. For Class B boundary surveys in 
North Carolina, the angular error of closure shall not 
exceed 25 seconds times the square root of the 
number of angles turned. The ratio of precision shall 
not exceed an error of closure of one foot per 7,500 
feet of perimeter of the parcel of land ( 1 :7,500). When 
using positional accuracy standards for Class B 
control and boundary surveys, neither axis of the error 
ellipse for any control point or property corner shall 
exceed 0. 1 2 feet or 0.037 meters measured relative to 
the position(s) of the horizontal control points used 
and referenced on the survey. 

(4) Rural and Farmland Surveys (Class C). Rural and 
farmland surveys include lands located in rural areas 
of North Carolina and generally outside the suburban 
properties. For Class C boundary surveys in North 
Carolina, the angular error of closure shall not exceed 
30 seconds times the square root of the number of 
angles turned. The ratio of precision shall not exceed 
an error of closure of one foot per 5,000 feet of 
perimeter of the parcel of land ( 1 :5,000). 

Aulhority G.S. 89C-J0: 89C-2I. 

.1604 MAPPING REQUIREMENTS FOR BOUNDARY 
SURVEYS 

(a) The size of a map shall be such that all details can be 
shown clearly. 

(b) Any lines which are not actually surveyed must be clearly 
indicated on the map and a statement included revealing the 
source of information from which the line is derived. 

(c) Any revision on a map after a surveyors seal is affixed 
shall be noted and dated. 

(d) All surveys based on the North Carolina grid system shall 
contain a statement identifying the coordinate system used as the 
North American Datum of 1983 ("NAD 83") or the North 
American Datum of 1927 ("NAD 27"). referenced datum used. 

(e) All plats (maps), unless clearly marked as "Preliminary 
Plat - Not for recordation, conveyances, or sales" shall be sealed, 
signed and dated by the Registe r ed Professional Land Surveyor 
and shall contain the following: 

(1) An accurately positioned north arrow coordinated 
with any bearings shown on the plat. Indication shall 
be made as to whether the north index is true, 
magnetic. North Carolina grid ("NAD 83" or 
'NAD27"), or is referenced to old deed or plat 
bearings. If the north index is magnetic or referenced 
to old deed or plat bearings, the date and the source (if 
known) — stteh — i n dex — was — origi n all y — determined 
determined) shall be clearly indicated. 

(2) The azimuth or courses and distances of every 
property line surveyed shall be shown. Distances 
shall be in feet or meters and decimals thereof. The 
number of decimal places shall be appropriate to the 



class of survey required. 

(3) All plat lines shall be horizontal or grid 
measurements. All lines shown on the plat shall be 
correctly plotted to the scale shown. Enlargemen t 
Enlargements of portions of a plat are acceptable in 
the interest of clarity, where shown as inserts. Where 
the North Carolina grid system is used, used, the 
combined grid factor shall be shown on the face of the 
plat. If grid distances are used, it must be shown on 
the plat. 

(4) Where a boundary is formed by a curved line, the 
following data must be given: actual survey data, or 
as a tr ave r se of series of subchords with bearings and 
distances around the curve. If standard curve data is 
used; used, the bearing and distance of the long chord 
(from point of curvature to point of tangency ) must be 
shown on the face of the plat. 

(5) Where a subdivision of land is set out on the plat, all 
streets and lots shall be accurately plotted with 
dimension lines indicating widths and all other 
information pertinent to retracing all lines in the field. 
This shall include bearings and distances sufficient to 
form a continuous closure of the entire perimeter. 

(6) Where control comers have been established in 
compliance with G.S. 39-32.1, 39-32.2, 39-32.3, and 
39-32.4, as amended, the location and information as 
required in the referenced statute shall be plotted 
shown on the plat. All other corners which are 
marked by monument or natural object shall be so 
identified on all plats, and where practical all comers 
of adjacent owners along the boundary lines of the 
subject tract which are marked by monument or 
natural object shall be shown. 

(7) The surveyor shall show one of the following where 
they could be determined: 

(A) The names of adjacent land owners; or 

(B) The lot, block, parcel and subdivision 
designations; or 

(C) Other legal reference where applicable. 

(8) All visible and apparent rights-of-way, easements, 
watercourses, utilities, roadways, and other such 
improvements shall be accurately located where 
crossing or forming any boundary line of the property 
shown. 

(9) Tie lines as required and defined in Rule .1602( f) 
.1602(g) of this Section shall be cleariy and accurately 
shown on the face of the plat, whether or not the plat 
is to be recorded. 

(10) A vicinity map (location map) shall appear on the face 
of the plat. 

(11) Each map shall contain the property designation, 
name of owner or prospective owner, location 
(including township, county, and state), and the date 
or dates the survey was conducted. In addition each 
map wtH shall contain a scale of the drawing listed in 
words or figures; a bar -g r a p h when required or 



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PROPOSED RULES 



bargraph: the name, address, registration 
license number, and seal of the surveyor; the title 
source; and a legend depicting nomenclature. 
nomenclature or symbols not otherwise labeled. 

Authority G.S. 89C-10: 89C-21. 

.1605 CLASSIFICATION OF TOPOGRAPHIC 
SURVEYS 

(a) General. Topographic surveys are defined as the 
measurement of lands for the purpose of plotting the accurate 
location of existing surface and subsurface objects, elevations, 
and contour lines. For the purpose of specifying minimum 
allowable surveying standards, three general classifications of 
topographic surveys are established. All plats (maps), unless 
clearly marked as "Preliminary Plat - Not for recordation, 
conveyances, or sales" wfH shall be sealed, signed and dated by 
the r egistrant. Professional Land Surveyor or Professional 
Engineer. 

(b) Urban and suburban topographic surveys. (Class A). 
Urban and suburban topographic surveys include lands which lie 
within or adjoining a town or city. For Class A topographic 
surveys in North Carolina, the vertical error in feet shall not 
exceed 0.10 times the square root of the number of miles run 
from the reference datum. 

(c) Other topographic surveys (Class B). Other topographic 
surveys include all lands which are not covered by Class A as 
described in Paragraphs (a) and (b) of this Rule. For Class B 
topographic surveys in North Carolina, the vertical error in feet 
shall not exceed 0.20 times the square root of the number of 
miles run from the reference datum. 

(d) Trigonometric topographic surveys (Class C). 
Trigonometric topographic surveys can be used for vertical 
control for aerial and topographic mapping. The vertical error 
in feet shall not exceed 0.3 times the square root of the number 
of miles run from the reference datum. 

Authority G.S. 89C-10; 89C-21. 

.1606 SPECIFICATIONS FOR TOPOGRAPHIC 
SURVEYS 

(a) The accuracy for all topographic surveys shall be 
determined by the following method: The elevation represented 
by any contour line as plotted on the final plat shall not have a 
vertical error greater than one-half of the interval of the platted 
contours over 90% of the area covered. (E.g., (e.g., 5-foot 
contour interval - 2.5 feet maximum vertical error.) 

(b) Locations of significant items such as horizontal control 
hnes or control points, buildings, utilities, roads, walks, trees, 
boundary, easements and setbacks, etc., shall be shown within 
scaling accuracy of and in relationship to the horizontal control 
line, or control points and each other. 

(c) A minimum of one benchmark on site and the vertical 
datum used shall be shown. 

Authority G.S. 89C-10; 89C-21. 



.1607 GLOBAL POSITIONING SYSTEM SURVEYS 

(a) General. Global Positioning System (GPS) surveys are 
defined as any survey performed by using the GPS 
3-dimensional measurement system based on observations of the 
radio signals of the Department of Defense's NAVSTAR 
(Navigation Satellite Timing and Ranging) GPS System. All 
GPS boundary and geodetic control surveys surveys, aerial 
photography control surveys, and GIS/LIS collection surveys of 
features included in G.S. 89C-3(7) performed in North Carolina 
shall be performed by a Registe r ed Professional Land Surveyor 
licensed in North Carolina Carolina, in accordance with 
s p ecifications established by the Federal Geodetic Control 
Committee. These specifications a r e inco rp orated by reference 
in cluding subseque n t ame n dments and editions. Tlie material is 
available for inspection at the office of the North Carolina 
Geodet i c — Su r ve y, — 5¥1 — North Salisbury — Street, — Archdale 
Building, Raleigh, North Cai " olina 27611. — Copies may be 
obtained at the office of the North Carolina Geodetic Survey at 
no costs. 

(b) Geodetic control surveys for inclusion of the data in the 
National Spatial Data Network (Blue Book) shall be performed 
in accordance with specifications established by the Federal 
Geographic Data Committee (FGDC) and the National Geodetic 
Survey. These specifications are incorporated by reference 
including subsequent amendments and editions. The material is 
available for inspection at the office of the North Carolina 
Geodetic Survey, 121 W. Jones Street (Elks Building), Raleigh, 
North Carolina 27603. Copies may be obtained at the office of 
the North Carolina Geodetic Survey at no cost. GPS surveys 
performed to other Federal Standards shall conform to the 
appropriate Federal standard procedures for the specific project. 
The Registe r ed Professional Land Surveyor in responsible 
charge of the GPS survey shall certify, sign and seal all prepared 
documents. When a map or document consists of more than one 
sheet, only one sheet must contain the certificate and all others 
must be signed and sealed. 

(1) The certificate shall contain the following 
information; 

(A) Class of GPS survey. 

(B) Type of GPS field procedure (Static, 
Kinematic, Pseudo-Kinematic). 

(C) Type of adjustment used. 

(D) Dates of survey. 

(E) Type and model of GPS receivers used. 

(F) What datum coordinates or geographic 
positions are based on. 

(2) The certificate shall be substantially in the following 

form; "L , certify that this 

map was drawn under my supervision from an actual 
GPS survey made under my supervision; that this 

GPS survey was performed to 

FGCC specifications and that I used 

. GPS field procedures and 

coordinates were obtained by 

adjustment. That this survey was performed on 

using (type) (number) of 

receivers and all coordinates are based on 



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(3) fc) Prepared documents shall include coordinates (see 
Paragraph (t") in this Rule for the list of data to show) 
of all monuments and a map showing all non-trivial 
vectors measured. The map shall also contain the 
following information: 

(A) Scale (bar or numerical). 

(B) Legend. 

(C) Loop closures before any adjustment. 

(D) Certification. 

(E) Company name, address and phone number. 

(c) GPS surveys performed to provide local control networks 
for use as a network base shall be performed using static or rapid 
static methods. These surveys shall be performed in such a 
manner that a 957c confidence level of the positional accuracy 
of each point relative to the published positions of the control 
points used and shall meet the accuracy standards of a Class AA 
survey as set out in Rule . 1 603 of this Section. 

(d) GPS surveys performed to provide local horizontal and/or 
vertical Grid control on a parcel of land where the boundary or 
topography ot" that parcel will be shown relative to NC Grid 
horizontal or vertical datum shall be performed using approved 
static or rapid static techniques, or kinematic or real time 
kinematic techniques. These surveys shall be performed using 
techniques that will provide the standards of accuracy for the 
class of survey being performed while determining the 
horizontal and /or vertical positions of objects as set out in Rule 
.1603 and/or Rule .1606 as applicable. 

(e) All plats, maps, and reports published based upon this 
type of GPS survey shall contain a statement worded 
substantially as follows: "The NC Grid coordinates shown on 
this [plat or report] were derived by [static or rapid static or 
kinematic or real time kinematic] differential GPS observations 
using [number of receivers] [brand name] [model number] 
receivers. The vectors were adjusted using the fixed station(s) 
shown using [ software brand and program name] software 
producing a weighted least squares adjustment of the [WGS 84 
or NAD 83 or other system] positions. The median vector error 
is computed to be [x.x] ppm. A loop of [miles or kilometers or 
feet or meters] using the un-adjusted vectors passing through the 
fixed and derived control st ations yields a loop precision of 
[Lxxx or XX. X ppm]." 

iD A list or note showing the fixed station(s) used for the 
project shall appear on the map, plat, or report. The minimum 
data shown for each fixed station shall be station name, latitude, 
longitude, elevation (ellipsoid or orthometric). and geoid height 
and epoch (93. 96. 99. etc. ). and the coordinate reference system. 
State plane coordinates may be added if desired. 

Authority G.S. 89C-W: 89C-21. 

.1608 CLASSIFICATION/LAND INFORMATION 
SYSTEIVI/GEOGRAPHIC INFORMATION 
SYSTEM SURVEYS 

(a) General: Land Information System/Geographic 
Information System (LIS/GIS) surveys are defined as the 



measurement of existing surface and subsurface features for the 
purpose of determining their accurate geospatial location for 
inclusion in an LIS/GIS database. All LIS/GIS surveys as they 
relate to property lines, rights-of-way, easements, subdivisions 
of land, the position for any survey monument or reference 
point, the determination of the configuration or contour of the 
earth's surface or the position of fixed objects thereon, and 
geodetic surveying which includes surveying for determination 
of the size and shape of the earth both horizontally and vertically 
and the precise positioning of points on the earth utilizing 
angular and linear measurements through spatially oriented 
spherical geometry, shall be performed by a Land Surveyor who 
is a r egist r ant licensee of this Board. For the purpose of 
specifying minimum allowable surveying standards, three 
general classifications of LIS/GIS suryeys are established: 

(1) Urban and Suburban LIS/GIS surveys (Class A). 
Urban and suburban LIS/GIS surveys include the 
location of features within lands which lie in or 
adjoining a town or city. For Class A LIS/GIS 
surveys in North Carolina, the relative accuracy shall 
be equal to or less than 0.5 meter (1.64 feet). 

(2) Rural LIS/GIS surveys (Class B). Rural LIS/GIS 
surveys include the location of features within lands 
which lie outside of suburban areas. For Class B 
LIS/GIS surveys in North Carolina, the relative 
accuracy shall be equal to or less than 2 meters (6.56 
feet). 

(3) Regional LIS/GIS surveys (Class C). Regional 
LIS/GIS surveys include the location of features 
within lands which lie in multi-county areas. For 
Class C LIS/GIS surveys in North Carolina, the 
relative accuracy shall be equal to or less than 5 
meters (16.40 feet). 

(b) Nothing in this Section shall be construed to negate or 
replace the relative accuracy standards found in Rules .1601 
through .1607. 

(c ) The Registe r ed Professional Land Surveyor in responsible 
charge of the LIS/GIS boundary or geodetic control survey shall 
certify to all of the following in either written or digital form: 

(1) Class of LIS/GIS survey, 

(2) Method of measurement (i.e. global positioning 
system, theodolite and electronic distance meter, 
transit and tape), 

(3) Date(s) of the survey, 

(4) Datum used for the survey. 

Aiitlwrit}- G.S. 89C-10: 89C-21. 

.1609 MINIMUM PHOTOGRAMMETRIC 
PRODUCTION STANDARDS 

The minimum standards for photogrammetric production shall 
be in accordance with the standards established by the Federal 
Geographic Data Committee (FGDC). These standards are 
incorporated by reference including subsequent amendments and 
editions. The material is available at the Board office or from 
the FGDC. 



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Authority G.S. 89C-10: 89C-2I. 

SECTION .1700 - CONTINUING PROFESSIONAL 
COMPETENCY 

.1701 INTRODUCTION 

Every r egist r a n t licensee shall meet the continuing 
professional competency requirements of this Section for 
professional development as a condition for registration 
licensure renewal. 

Authority- G.S. 89C-10(a): 89C-17. 

.1702 DEFINITIONS 

Terms used in this Section are defined as follows: 

(1) Professional Development Hour (PDH) - A contact 
hour (nominal) of instruction or presentation. The 
common denominator for other units of credit. 

(2) Continuing Education Unit (CEU) - Unit of credit 
customarily used for continuing education courses. 
One continuing education unit equals 1 contact hours 
of instruction or presentation. 

(3) CollegeAJnit Semester/Quarter Hour - Credit for 
Accreditation Board for Engineering and Technology 
approved course or other related college course. 

(4) Course/Activity - Any course or activity with a clear 
purpose and objective which will maintain, improve, 
or expand the skills and knowledge relevant to the 
licensee's field of practice. 

(5) Dual Registrant Licensee - A person who is registered 
licensed as both an engineer and a land surveyor. 

(6) Sponsor - Organization or individual that has supplied 
information on a form prescribed and furnished by the 
Board with respect to the organization or individual's 
ability to provide instruction in "for credit" courses. 
Courses offered by those designated as "Sponsor" 
must contain a clear purpose and objective, and result 
in the maintenance, improvement, or and expansion of 
skills and knowledge relevant to a licensee's field of 
practice. Courses offered by "Sponsors" are deemed 
acceptable for PDH credit without scrutiny of 
individual course content. 

Authority G.S. 89C-I0{a): 89C-J7. 

.1703 REQUIREMENTS 

Every registran t licensee shall obtain 1 5 PDH units during the 
renewal period. If a 



licensee exceeds the annual 



requirement in any renewal period, a maximum of 1 5 PDH units 
may be carried forward into the subsequent renewal period. 
Selection of courses and activities which meet the requirements 
of Rule . 1 702 Item (4) of this Section is the responsibility of the 
registrant, licensee. Registran t Licensees have the option of 
selecting courses other than those offered by sponsors. Post 
evaluation of courses offered by other than sponsors as defined 
in Rule .1702 Item (6) of this Section may result in non- 



acceptance. PDH units may be earned as follows: 

( 1 ) Completion of college courses. 

(2) Completion of continuing education courses. 

(3 ) Completion of correspondence, televised, videotaped, 
audiotaped, and other short courses/tutorials. 

(4) Presenting or attending seminars, in-house courses, 
workshops, or professional or technical presentations 
made at meetings, conventions or conferences. 

(5) Teaching or instructing in Items (1) through (4) of 
this Rule. 

(6) Authoring published papers, articles, or books. 

(7) Active participation in professional or technical 
societies. 

(8) Patents. 

(9) Authoring exam questions accepted for use in the 
national engineering or land surveying exam, exams. 

Authority G.S. 89C-10{a): 89C-17. 

.1704 UNITS 

The conversion of other units of credit to PDH units is as 
follows: 

1 College or unit semester hour 45 PDH 

1 College or unit quarter hour 30 PDH 

1 Continuing Education Unit 10 PDH 

1 Hour Contact hour of professional development in 
course work, seminars, or professional or technical 
presentations made at meetings, conventions or 
conferences. Contact hours equal the actual time of 
instruction and shall be credited to the nearest one- 
third of an hour. 1 PDH 
For teaching in Items (1) - (4) of this Rule, PDH 
credits are doubled'^, doubled. Teaching credit is 
valid for teaching a course or seminar for the first 
time only. Teaching credit does not apply to full-time 
faculty, as defined by the institution where a licensee 
is teaching. 

Each published paper, article or book. 10 PDH 

Active participation in professional and technical 
society. (Each organization.) 2 PDH 

Each patent 10 PDH 

Each question used. 52 PDH 



(1) 
(2) 
(3) 
(4) 



(5) 



(6) 
(7) 

(8) 
(9) 



^Teaching c r edit is valid for teaching a course o r semina r fo r t he 
fi r st time only. — Teaching c r edit does not apply t o full- t i m e 
faculty, as d e fined by the institution whe r e a re gist r ant i s 
teaching. 

Authority G.S. 89C-iO(a): 89C-17. 

.1705 DETERMINATION OF CREDIT 

The Board of Registration Examiners has final authority with 
respect to approval of courses, sponsors, credit, PDH value for 
courses, and other methods of earning credit. 

( 1 ) Credit for college or community college courses will 
be based upon course credit established by the 
college. 



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PROPOSED RULES 



(2) Credit for seminars and workshops will be based on 
one PDH unit for each hour of attendance. 
Attendance at programs presented at professional and 
technical society meetings will earn PDH units for the 
actual time of each program. 

(3) Credit determination for published papers, articles and 
books and obtaining patents is the responsibility of 
the re gist r ant, licensee. 

(4) Credit for active participation in professional and 
technical societies (limited to 2 PDH per 
organization), requires that a licensee serve as an 
officer or actively participate in a committee of the 
organization. PDH credits are not earned until the 
end of each year of service is completed. 

Authority G.S. 89C-10(a): 89C-17. 

.1706 RECORDKEEPING 

The responsibility of maintaining records to be used to 
support credits claimed is the responsibility of the registran t . 
licensee. Records required include, but are not limited to: 

(1) a log showing the type of activity claimed, sponsoring 
organization, location, duration, instructors or 
speaker's name, and PDH credits earned; 

(2) attendance verification records in the form of 
completion certificates, or other documents 
supporting evidence of attendance; or 

(3) records as maintained by the National Professional 
Development Registry for Engineers and Surveyors 
(NPDRCS). (NPDRES) of the National Society of 
Professional Engineers (NSPE). 

These records must be maintained for a period of three years and 
copies may be requested by the board for audit verification 
purposes. 

Authority G.S. 89C-10(a); 89C-17. 

AlOl EXEMPTIONS 

A re gistran t licensee may be exempt from the professional 
development educational requirements for one of the following 
reasons: 

(1) New re g i s tr ants licensees by way of examination or 
reciprocity shall be exempt for their first renewal 
period. 

(2) A reg i stran t licensee serving on temporary active duty 



in the uniformed services of the United States for a 
period of time exceeding 120 consecutive days in a 
year shall be exempt from obtaining the professional 
development hours required during that year. 

(3) Reg i st r a n t Licensee s experiencing physical disability, 
illness, or other extenuating circumstances as 
reviewed and approved by the board may be exempt. 
Supporting documentation must be furnished to the 
board. 

(4) Registrants Licensees who list their occupation as 
"Inactive" on the board approved renewal form and 
who further certify that they are no longer receiving 
any remuneration from providing professional 
engineering or land surveying services shall be 
exempt from the professional development hours 
required. In the event such a person elects to return to 
active practice of professional engineering or land 
surveying, professional development hours must be 
earned in accordance with the requirements of Rule 
.1708 in this Section before returning to active 
practice for each year exempted not to exceed the 
annual requirement for two years. 

Authority G.S. 89C-]0(a): 89C-17. 

.1708 REINSTATEMENT 

A re gist r ant licensee may bring an inactive license to active 
status by obtaining all delinquent PDH units. However, if the 
total number required to become current exceeds 30, then 30 
shall be the maximum number required. 

Authority G.S. 89C-10(a): 89C-17. 

.1709 COMITY/OUT-OF- JURISDICTION RESIDENT 

Reg istr a n ts Licensees who are residents of jurisdictions other 
than North Carolina must meet the CPC requirements of their 
resident jurisdiction. The requirements for North Carolina will 
be deemed as satisfied when a non-resident registrant licensee 
provides evidence of having met the requirements of his or her 
resident jurisdiction. If registrants reside in a jurisdiction that 
has no CPC requirement, the resident must meet the 
requirements of North Carolina. 

Authority G.S. 89C-10(a): 89C-17. 



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TEMPORARY RULES 



The Codifier of Rules has entered the following temporaiy nile(s) in the North Carolina Administrative Code. Pursuant to 
G.S. ]50B-21.I(e), publication of a temporary ride in the North Carolina Register senses as a notice of rule-making 
proceedings unless this notice has been previously published by the agency. 



TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 

Rule-making Agency: DHHS - Division of Medical Assistance 

Rule Citation: 10 NCAC 26H .0401 

Effective Date: Januaiy I. 2000 

Findings Reviewed by Julian Mann HI: Approved 

Authority for the rule-making: G.S. 108A-25(b) 

Reason for Proposed Action: This change increases Medicaid 
physician allowables to match Medicare rates. 

Comment Procedures: Written comments concerning this rule- 
making action must be submitted to Portia W. Rochelle. Rule- 
making Coordinator. Division of Medical Assistance. 1985 
Umstead Drive. 2504 Mail Senice Center. Raleigh. NC 27603. 

NOTE: The te.xt in bold has been approved by the RRC and is 
waiting for legislative approval. 

CHAPTER 26 - MEDICAL ASSISTANCE 

SUBCHAPTER 26H - REIMBURSEMENT PLANS 

SECTION .0400 - PROVIDER FEE SCHEDULES 

.0401 PHYSICIAN'S FEE SCHEDULE 

(a) Effective January 1. 2000. 1995. (see Paragraph (b) of 
this Rule) physicians' services whether furnished in the office, 
the patient's home, a hospital, a nursing facility or elsewhere 
wtH shall be reimbursed based on the North Carolina Medicaid 
Fee Schedule, except for payments to the various Medical 
Faculty Practice Plans of the University of North Carolina - 
Chapel Hill and East Carolina University which wtH shall be 
reimbursed at cost and cost settled at year end; end: Effec tiv e 
January 1, 1998, the — Tl i e North Carolina Medicaid Fee 
Schedule is based on the Medicare Fee Schedule Resource 
Based Relative Value System (RDRVS), in effect in fiscal year 
1993 1997 (as adopted by Medica r e at 56 F.R. 59501 
(Novembe r 25, 1991, effec t ive January 1, 1992, applicable to 
se r vices furn i shed begi n ning Ja n ua r y 1. 1992), but with the 
following clarifications and modifications: 

(1) A maximum fee is established for each service and is 
applicable to all specialties and settings in which the 
service is rendered. Payment is equal to the lower of 
the maximum fee or the provider's customary charge 



jeneral public for the particular service 



to the gi 
rendered 

("2) Fees a r e establis h ed on a statewide basis using the 

Med i care Geog r aphic P r actice Cost Indices fo r North 
C a r ol in a. 

t^r) The r e will be no transition period in applying the 

Medicaid fe e s whe r eas Medicare has a five year 
phase-in period. 

(4) Annual changes in the Medic ai d payments will shall 

b e a p plied each January 1 and fee increases will shall 
be applied b ased on the forecasted Gross National 
Product (GNP) Implicit P r ice Deflator. Said annual 
chang e s in the Medicaid payments shall not exceed 
t he percentage increase granted by the North Carolina 



t5)(2] Fees for services deemed to be associated with 
adequacy of access to health care services may be 
increased based on administrative review. The 
service must be essential to the health needs of the 
Medicaid recipients, no other comparable treatment 
available and a fee adjustment must be necessary to 
maintain physician participation at a level adequate to 
meet the needs of Medicaid recipients. A fee may 
also be decreased based on administrative review if it 
is deterniii ' ied that the fe e m ay exceed the Medica r e 
allowable amount for the same or similar services, or 
if the fee is highe r than Medicaid fees fo r simirtar 
se r v i ces, o r if the fee is t oo high in relation to the 
skills, time, and other resources required to p r ovide 
th e pa r ticula r se r vi c e. 

(fr) (3) Fees for new services are established based on this 
Rule, utilizing the most recent RBRVS, if applicable. 
If there is no relative value unit (RVU) available from 
Medicare, fees wiH shall be established based on the 
fees for similar services. If there is no RVU or 
similar service, the fee wtH shall be set at 75 percent 
of the provider's customary charge to the general 
public. For codes not covered by Medicare that 
Medicaid covers, annual changes in the Medicaid 
payments will be applied each January i and fee 
increases will be applied based on the forecasted 
Gross National Product (GNP) Implicit Price 
Deflator. Said annual changes in the Medicaid 
payments shall not exceed the percentage increase 
granted by the North Carolina State Legislature . 
(4) For codes not covered by Medicare that Medicaid 
covers, a code rnay also be decreased, based on 
administrative review, jf it is determined that the fee 
may exceed the Medicare allowable amount for 
similar services, or if the fee is higher than Medicaid 
fees for similar services, or if the fee is too high m 



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TEMPORARY RULES 



relation to the skills, time, and other resources 
required to provide the particular service. 
(b) This reimbursement limitation shall become effective in 
accordance with the provisions of G.S. 108A-55(c). These 
changes to the Physician's Fee Schedule allowables shall 
become effective when the Health Care Financing 
Administration, U. S. Department of Health and Human 
Services, approves amendment to HCFA by the Director of 
the Division of Medical Assistance on or about January Ij 
2000 as #MA 99-12, 1998 as #MA 98-07 , wherein the 
Director proposes amendments of the State Plan to amend 
the Physician's Fee Schedule. 



to adopt teniporaiy rules in the Tar-Pamlico Basin and nvo 
others to protect water quality standards. The EMC intends to 
use this authority to adopt temporaiy rules. 

Comment Procedures: Written comments may be submitted to 
Rich Gannon. DENR. Division of Water Quality. Planning 
Branch. 1617 Mail Senice Center. Raleigh. NC 27699-1617. 
Questions may be directed to Rich Gannon at (919) 733-5083, 
ext 356. or email to 
rich_gannon @ h2o. enr. state, nc. us. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 



Histoiy Note: Authority G.S. W8A-25(b); 

EJf. October 1. 1982: 

Temporaiy Amendment EJf. Januaiy 22. 1998; 

Temporaiy Amendment Eff. July 22. 1998; 

Temporaiy Amendment EJf. Januaiy 1. 2000; 

Amended Eff. Ausust 1, 2000; April 1. 1999; July 1. 1997; July 

1. 1995;Januan-4. 1993; June 1, 1990; Deceinberl. 1988. 



SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

SECTION .0200 - CLASSIFICATIONS AND WATER 

QUALITY STANDARDS APPLICABLE 

TO SURFACE WATERS AND WETLANDS 

OF NORTH CAROLINA 



TITLE 15A -DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 



Rule-making Agency: 

Commission 



Environmental Management 



Rule Citation: 15A NCAC 2B .0259-.0261 

Effective Date: Januaiy 1, 2000 

Findings Reviewed and Approved by: Julian Mann. Ill 

Authority for the rule-making: G.S. 143-211; 143.214.1; 
143-2 15.3(a)(1); 143-2 15.6A through 6C; 143-242(d); 1999 
S.L c. 329; 

Reason for Proposed Action: Water quality problems in North 
Carolina estuaries such as fish kills and diseases, harmful algal 
blooms, and proliferation of toxic microogranisms have been 
tied in part to excessive nutrient loading. The Pamlico estuary 
has experienced such water quality problems. As a key part of 
a nutrient reduction strategy for the Tar-Pamlico River Basin, 
the EMC is currently adopting permanent rules to protect 
vegetated riparian buffers in the basin. The rule protects only 
existing buffers, and allows existing, ongoing activities in the 
buffer to continue. Permanent rides would not be effective until 
August 1. 2000. In the interim, significant losses of buffer could 
not occur as people initiate uses within them. Field staff have 
reported some clearing activities in the basin that may have 
been prompted by the proposed rules. For this reason, the EMC 
has enacted temporaiy buffer rules in the Neuse basin, and will 
consider the same action in the Tar-Pamlico Basin. On July 21, 
1999. the General Assembly adopted the Clean Water Act of 
1999. House Bill 1160(8.1. 1999 c. 239). whichallowsthe EMC 



.0259 TAR-PAMLICO RIVER BASIN: NUTRIENT 
SENSITIVE WATERS MANAGEMENT 
STRATEGY: PROTECTION AND 

MAINTENANCE OF EXISTING RIPARIAN 
BUFFERS 
The following is the management strategy for maintaining and 

protecting existing riparian buffers in the Tar-Pamlico River 

Basin. 

(1) PURPOSE. The purpose of this Rule shall be to 
protect and preserve existing riparian buffers buffers, 
to maintain their nutrient remov al functions, in the 
entire Tar-Pamlico River Basi n Basin, whose surface 
waters are described in the Schedule of 
Classifications. 15A NCAC 2B .0316. to maintain 
the ir nutrient r emoval funct i ons . 

(2) DEFINITIONS. For the purpose of this Rule, these 
terms shall be defined as follows: 

(a) 'Channel' means a natural water-carrying 
trough cut vertically into low areas of the land 
surface by erosive action of concentrated 
flowing water or a ditch or canal excavated for 
the fiow of water, (current definition in Forest 
Practice Guidelines Related to Water Quality, 
15ANCAC 11.0102) 

(b) 'DBH' means Diameter at Breast Height of a 
tree, which is measured at 4.5 feet above 
ground surface level. 

(c) 'Ditch or canal' means a man-made channel 
other than a modified natural stream 
constructed for drainage purposes that is 
typically dug through inter-stream divide areas. 
A ditch or canal may have fiows that are 
perennial, intermittent, or ephemeral and may 
exhibit hydrological and biological 
characteristics similar to perennial or 



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intermittent streams, 
(d) 'Ephemeral (stormwater) stream' means a 
feature that carries only stormwater in direct 
response to precipitation with water flowing 
only during and shortly after large precipitation 
events. An ephemeral stream may or may not 
have a well-defined channel, the aquatic bed is 
always above the water table, and stormwater 
runoff is the primary source of water. An 
ephemeral stream typically lacks the 
biological, hydrological, and physical 
characteristics commonly associated with the 
continuous or intermittent conveyance of 
water. 

(f) 'Forest plantation" means an area of planted 
trees that may be conifers (pines) or 
hardwoods. On a plantation, the intended crop 
trees are planted rather than naturally 
regenerated from seed on the site, coppice 
(sprouting), or seed that is blown or carried 
into the site. 

(g) 'High Value Tree" means a tree that meets or 
exceeds the following standards: for pine 
species, 1 4-inch DBH or greater or 1 8-inch or 
greater stump diameter; and, for hardwood 
hardwoods and or wetland species, 16-inch 
DBH or greater or 24-inch or greater stump 
diameter. 

(h) "Intermittent stream" means a well-defined 
channel that contains water for only part of the 
year, typically during winter and spring when 
the aquatic bed is below the water table. The 
flow may be heavily supplemented by 
stormwater runoff. An intermittent stream 
often lacks the biological and hydrological 
characteristics commonly associated with the 
c o nti n uous conveyance of water. 

(i) 'Modified natural stream' means an on-site 
channelization or relocation of a stream 
channel and subsequent relocation of the 
intermittent or perennial flow as evidenced by 
topographic alterations in the immediate 
watershed. A modified natural stream must 
have the typical biological, hydrological, and 
physical characteristics commonly associated 
with the continuous conveyance of water. 

(j) "Perennial stream" means a well-defined 
channel that contains water year round during 
a year of normal rainfall with the aquatic bed 
located below the water table for most of the 
year. Groundwater is the primary source of 
water for a perennial stream, but it also carries 
stormwater runoff. A perennial stream exhibits 
the typical biological, hydrological, and 
physical characteristics commonly associated 
with the continuous conveyance of water. 

(k) 'Perennial waterbody" means a natural or man- 



made basin that stores surface water 
permanently at depths sufficient to preclude 
growth of rooted plants, including lakes, 
ponds, sounds, non-stream estuaries and ocean. 
For the purpose of the State's riparian buffer 
protection program, the waterbody must be 
part of a natural drainageway (i.e., connected 
by surface flow to a stream). 
(1) 'Stream" means a body of concentrated flowing 
water in a natural low area or natural channel 
on the land surface, 
(rrr) 'Tree" means a woody plant with a DBH equal 

to o r exceedi n g five i n ches. 
(m) 'Surface waters" means all waters of the state 
as defined in G.S. 1 43-2 1 2 except underground 
waters, 
(n) 'Tree" means a woody plant with a DBH equal 
to or exceeding five inches. 
(3) APPLICABILITY. This Rule shall apply to 50-foot 
wide riparian buffers directly adjacent to surface 
waters in the Tar-Pamlico River Basin (intermittent 
streams, perennial streams, lakes, ponds, and 
estuaries), excluding wetlands. Except as described 
in (4)(a)(iii), wetlands adjacent to surface waters or 
within 50 feet of surface waters will be considered as 
part of the riparian buffer but are regulated pursuant 
to i5A NCAC 2H .0506. The riparian buffers 
protected by this Rule shall be measured pursuant to 
Item (4) of this Paragraph. For the purpose of this 
Rule, a surface water shall be present if the feature is 
approximately shown on either the most recent 
version of the soil survey map prepared by the 
Natural Resources Conservation Service of the United 
States Department of Agriculture or the most recent 
version of the 1:24,000 scale (7.5 minute) quadrangle 
topographic maps prepared by the United States 
Geologic Survey (USGS). Riparian buffers adjacent 
to surface waters that do not appear on either of the 
maps shall not be subject to this Rule. Riparian 
buffers adjacent to surface waters that appear on the 
maps shall be subject to this Rule unless one of the 
following applies. 

(a) EXEMPTION WHEN AN ON-SITE 
DETERMINATION SHOWS THAT 
SURFACE WATERS ARE NOT PRESENT. 
When a landowner or other affected party 
believes that the maps have inaccurately 
depicted surface waters, he or she shall consult 
the Division or the appropriate delegated local 
authority. Upon request, the Division or 
delegated local authority shall make on-site 
determinations. Any disputes over on-site 
determinations shall be referred to the Director 
in writing. A determination of the Director as 
to the accuracy or application of the maps is 
subject to review as provided in Articles 3 and 
4ofG.S. 150B. Surface waters that appear on 



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the maps shall not be subject to this Rule if an 
on-site determination shows that they fall into 
one of the following categories, 
(i) Ditches and manmade conveyances 
other than modified natural streams 
unless constructed for navigation and/or 
boat access, 
(ii) Manmade ponds and lakes that are 
located outside natural drainage ways, 
(iii) Ephemeral (stormwater) streams, 
(b) EXEMPTION WHEN EXISTING USES ARE 
PRESENT AND ONGOING. This Rule shall 
not apply to portions of the riparian buffer 
where a use is existing and ongoing according 
to the following: 

(i) A use shall be considered existing if it 
was present within the riparian buffer as 
of August 1, 2000. January 1 2000. 
Existing uses shall include, but not be 
limited to, agriculture, buildings, 
industrial facilities, commercial areas, 
transportation facilities, maintained 
lawns, utility lines and on-site sanitary 
sewage systems. Only the portion of the 
riparian buffer that contains the 
footprint of the existing use is exempt 
from this Rule. Activities necessary to 
maintain uses are allowed provided that 
no additional vegetation is removed 
from Zone 1, except that grazed or 
trampled by livestock, and existing 
diffuse flow is maintained, maintai n ed, 
and surface waters are not disturbed. 
Grading and revegetating Zone 2 is 
allowed provided that the health of the 
vegetation in Zone 1 is not 
compromised, the ground is stabilized 
and existing diffuse flow is maintained, 
(ii) At the time an existing use is proposed 
to be converted to another use, this Rule 
shall apply. An existing use shall be 
considered to be converted to another 
use if any of the following applies: 

(A) Impervious surface is added to 
the riparian buffer in locations 
where it did not exist previously. 

(B) An agricultural operation within 
the riparian buffer is taken out of 
production converted to a non- 
agricultural use. 

(C) A lawn within the riparian buffer 
ceases to be maintained. 

(4) ZONES OF THE RIPARIAN BUFFER. The 
protected riparian buffer shall have two zones as 
follows: 
(a) Zone 1 shall consist of a vegetated area that is 



undisturbed except for uses provided for in 

Item (6) of this Paragraph. The location of 

Zone 1 shall be as follows: 
(i) For intermittent and perennial streams, 
Zone 1 shall begin at the most landward 
limit of the top of bank or the rooted 
herbaceous vegetation and extend 
landward a distance of 30 feet on all 
sides of the surface water, measured 
horizontally on a line perpendicular to 
the surface water. 

(ii) For ponds, lakes and reservoirs located 
within a natural drainage way. Zone 1 
shall begin at the most landward limit of 
the normal water level or the rooted 
herbaceous vegetation and extend 
landward a distance of 30 feet, 
measured horizontally on a line 
perpendicular to the surface water. 

(iii) For surface waters within the 20 Coastal 
Counties (defined in 15A NCAC 2B 
.0202) within the jurisdiction of the 
Division of Coastal Management, Zone 
1 shall begin at the most landward limit 
of: 

(A) the normal high water level, 

(B) the normal water level, or 

(C) the landward limit of coastal 
wetlands as defined by the 
Division of Coastal Management 
and extend landward a distance 
of 30 feet, measured horizontally 
on a line perpendicular to the 
surface water water, whichever is 
more restrictive. 



(b) Zone 2 shall consist of a stable, vegetated area 
that is undisturbed except for activities and 
uses provided for in Item (6) of this Paragraph. 
Grading and revegetating Zone 2 is allowed 
provided that the health of the vegetation in 
Zone 1 is not compromised. Zone 2 shall 
begin at the outer edge of Zone 1 and extend 
landward 20 feet as measured horizontally on 
a line perpendicular to the surface water. The 
combined width of Zones 1 and 2 shall be 50 
feet on all sides of the surface water. 
(5) DIFFUSE FLOW REQUIREMENT. Diffuse flow of 

runoff shall be maintained in the riparian buffer by 

dispersing concentrated flow and reestablishing 

vegetation. 

(a) Concentrated runoff from new ditches or 
manmade conveyances shall be converted to 
diffuse flow before the runoff enters Zone 2 of 
the riparian buffer. 

(b) Periodic corrective action to restore diffuse 
flow shall be taken if necessary to impede the 



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formation of erosion gullies. 
(6) TABLE OF USES. The following chart sets out the 
uses and their designation under this Rule as exempt. 



allowable, allowable with mitigation, or prohibited. 
The requirements for each category are given in Item 
(7) of this Paragraph. 





Exempt 


Allowable 


Allowable 

with 
Mitigation 


Prohibited 


Airport facilities: 

• Airport facilities that impact equal to or less than 150 
linear feet or one-third of an acre of riparian buffer 

• Airport facilities that impact greater than 150 linear feet 
or one-third of an acre of riparian buffer 




X 


X 




Archaeological activities 


X 








Bridges 




X 






Dam maintenance activities 


X 








Drainage ditches, roadside ditches and stormwater outfalls 
through riparian buffers: 

• Existing drainage ditches, roadside ditches, and 
stormwater outfalls provided that they are managed to 
minimize the sediment, nutrients and other pollution that 
convey to waterbodies 

• New drainage ditches, roadside ditches and stormwater 
outfalls provided that a stormwater management facility is 
installed to control nitrogen and attenuate flow before the 
conveyance discharges through the riparian buffer 

• New drainage ditches, roadside ditches and stormwater 
outfalls that do not provide control for nitrogen before 
discharging through the riparian buffer 

• Excavation of the streambed in order to bring it to the 
same elevation as the invert of a ditch 


X 


X 




X 
X 


Drainage of a pond in a natural drainage way provided that 
a new riparian buffer that meets the requirements of Items 
(4) and (5) is established adjacent to the new channel 


X 








Drivewav crossings of streams and other surface waters 
subject to this Rule: 

• Driveway crossings on single family residential lots that 
disturb equal to or less than 25 linear feet or 2,500 
square feet of riparian buffer 

• Driveway crossings on single family residential lots that 
disturb greater than 25 linear feet or 2,500 square feet of 
riparian buffer 

• In a subdivision that cumulatively disturb equal to or 
less than 150 linear feet or one-third of an acre of 
riparian buffer 

• In a subdivision that cumulatively disturb greater than 
150 linear feet or one-third of an acre of riparian buffer 


X 


X 
X 


X 




Fences provided that disturbance is minimized and 
installation does not result in removal of forest vegetation 


X 








Forest harvesting - see Item ( 1 1 ) of this Rule 










Fertilizer application: 

• One-time fertilizer application to establish replanted 
vegetation 

• Onsoina fertilizer application 


X 






X 



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Grading and revegetation in Zone 2 only provided that 
diffuse flow and the health of existing vegetation in Zone 
1 is not compromised and disturbed areas are stabilized 


X 








Greenway/hikins trails 




X 






Historic preservation 


X 








Landfills as defined by G.S 130A-290. 








X 


Mining activities: 

• Mining activities that are covered by the Mining Act 
provided that new riparian buffers that meet the 
requirements of Items (4) and (5) are established 
adjacent to the relocated channels 

• Mining activities that are not covered by the Mining Act 
OR where new riparian buffers that meet the 
requirements or Items (4) and (5) are not established 
adjacent to the relocated channels 

• Wastewater or minins; dewaterina wells with approved 
NPDES permit 


X 


X 


X 




Non-electric utility lines: 

• Impacts other than perpendicular crossings in Zone 2 
only- 

• Impacts other than perpendicular crossings in Zone 1- 




X 


X 




Non-electric utility line perpendicular crossings of streams 


X 


X 
X 


X 
X 




and other surface waters subject to this Rule': 

• Perpendicular crossings that disturb equal to or less than 
40 linear feet of riparian buffer with a maintenance 
corridor equal to or less than 10 feet in width 

• Perpendicular crossings that disturb equal to or less than 
40 linear feet of riparian buffer with a maintenance 
corridor greater than 10 feet in width 

• Perpendicular crossings that disturb greater than 40 
linear feet but equal to or less than 150 linear feet of 
riparian buffer with a maintenance corridor equal to or 
less than 10 feet in width 

• Perpendicular crossings that disturb greater than 40 
linear feet but equal to or less than 1 50 linear feet of 
riparian buffer with a maintenance corridor greater than 
10 feet in width 

• Perpendicular crossings that disturb greater than 150 
linear feet of riparian buffer 


On-site sanitary sewage systems - new ones that use 
ground absorption 








X 


Overhead electric utility lines: 

• Impacts other than perpendicular crossings in Zone 2 
only- 

• Impacts other than perpendicular crossings in Zone l'"- 


X 
X 








Overhead electric utility line perpendicular crossings of 
streams and other surface waters subject to this Rule': 

• Perpendicular crossings that disturb equal to or less than 
150 linear feet of riparian buffer' 

• Perpendicular crossings that disturb greater than 1 50 
linear feet of riparian buffer '^ 


X 


X 






Periodic maintenance of modified natural streams such as 
canals and a grassed travelway on one side of the surface 
water when alternative forms of maintenance access are 
not practical 




X 







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1181 



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' Provided that, in Zone 1 , all of the following BMPs for overhead utility lines are used. If all of these BMPs are not used, then the 
overhead utility lines shall require a no practical alternative evaluation by the Division. 

• A minimum zone of 10 feet wide immediately adjacent to the water body shall be managed such that only vegetation that poses 
a hazard or has the potential to grow tall enough to interfere with the line is removed. 

• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. 

• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain where trees are cut. 

• Rip rap shall not be used unless it is necessary to stabilize a tower. 

• No fertilizer shall be used other than a one-time application to re-establish vegetation. 

• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which 
areas remain in a disturbed state. 

• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through 
the buffer. 

• In wetlands, mats shall be utilized to minimize soil disturbance. 

^ Provided that poles or lowers shall not be installed within 10 feet of a water body unless the Division completes a no practical 

alternative evaluation. 

-Perpendicular crossings are those that intersect the surface water at an angle between 75" and 105 -^ 



Playground equipment: 

• Playground equipment on single family lots provided 
that installation and use does not result in removal of 
vegetation 

• Playground equipment installed on lands other than 
single-family lots or that requires removal of vegetation 


X 


X 






Ponds in natural drainage wavs wavs, excluding drv 
ponds: 

• New ponds provided that a riparian buffer that meets the 
requirements of Items (4) and (5) is established adjacent to 
the pond 

• New ponds where a riparian buffer that meets the 
requirements of Items (4) and (5) is NOT established 
adjacent to the pond 




X 


X 




Protection ot existing structures structures, artd facilities 
and streambanks when this requires additional disturbance 
of the riparian buffer or the stream channel 




X 






Railroad impacts other than crossings of streams and other 
surface waters subject to this Rule. 






X 




Railroad crossings of streams and other surface waters 
subject to this Rule: 

• Railroad crossings that impact equal to or less than 40 
linear feet of riparian buffer 

• Railroad crossings that impact greater than 40 linear feet 
but equal to or less than 150 linear feet or one-third of 
an acre of riparian buffer 

• Railroad crossings that impact greater than 150 linear 
feet or one-third of an acre of riparian buffer 


X 


X 


X 




Removal of previous fill or debris provided that diffuse 
flow is maintained and any vegetation removed is restored 


X 








Road impacts other than crossings of streams and other 
surface waters subject to this Rule 






X 





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Road crossinas of streams and other surface waters subject 
to this Rule: 

• Road crossings that impact equal to or less than 40 
Mnear feet of riparian buffer 

• Road crossings that impact greater than 40 Hnear feet 
but equal to or less than 150 linear feet or one-third of 
an acre of riparian buffer 

• Road crossings that impact greater than 150 linear feet 
or one-third of an acre of riparian buffer 


X 


X 


X 




Scientific studies and stream gauging 


X 








Stomiwater manasement ponds excluding! dry ponds: 

• New stormwater management ponds provided that a 
riparian buffer that meets the requirements of Items (4) 
and (5) is established adjacent to the pond 

• New stormwater management ponds where a riparian 
buffer that meets the requirements of Items (4) and (5) 
is NOT established adjacent to the pond 




X 


X 




Stream restoration 


X 








Streambank stabilization 




X 






Temporary roads: 

• Temporary roads that disturb less than or equal to 2,500 
square feet provided that vegetation is restored within 
six months of initial disturbance 

• Temporary roads that disturb greater than 2,500 square 
feet provided that vegetation is restored within six 
months of initial disturbance 

• Temporary roads used for bridae construction or 
replacement provided that restoration activities such as 
soil stabilization and revesetation, occur immediately 
after construction 


X 


X 
X 






Temporary sediment and erosion control devices: 

• In Zone 2 only provided that the vegetation in Zone 1 is 
not compromised and that discharge is released as 
diffuse flow in accordance with Item (5) 

• In Zones I and 2 to control impacts associated with uses 
approved by the Division or that have received a 
variance provided that sediment and erosion control for 
upland areas is addressed to the maximum extent 
practical outside the buffer 

• In-stream temporary erosion and sediment control 
measures for work within a stream channel 


X 
X 


X 






Underground electric utility lines: 

• Impacts other than perpendicular crossings in Zone 2 
only 

• Impacts other than perpendicular crossings in Zone l'*'' 


X 
X 








Underground electric utility line perpendicular crossings 
of streams and other surface waters subject to this Rule: 

• Perpendicular crossings that disturb less than or equal to 
40 linear feet of riparian buffer*^ 

• Perpendicular crossings that disturb greater than 40 
linear feet of riparian buffer"^ 


X 


X 







^- Provided that, in Zone 1 , all of the following BMPs for underground utility lines are used. If all of these BMPs are not used, then 
the underground utility line shall require a no practical alternative evaluation by the Division. 

• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. 

• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the trench, 



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1183 



TEMPORARY RULES 



where trees are cut. 

• Underground cables shall be installed by vibratory plow or trenching. 

• The trench shall be backfilled with the excavated soil material immediately following cable installation. 

• No fertilizer shall be used other than a one-time application to re-establish vegetation. 

• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which 
areas remain in a disturbed state. 

• Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through 
the buffer. 

• In wetlands, mats shall be utilized to minimize soil disturbance. 



Vegetation management: 

• Emergency fire control measures provided that 
topography is restored 

• Periodic mowing and harvesting of plant products in 
Zone 2 only 

• Planting vegetation to enhance the riparian buffer 

• Pruning forest vegetation provided that the health and 
function of the forest vegetation is not compromised 

• Removal of individual trees which are in danger of 
causing damage to dwellings, other structures or human 
life 

• Removal or poison ivy 

• Removal of understory nuisance vegetation as defined 
in: Smith, Cherri L. 1998. Exotic Plant Guidelines. Dept. 
of Environment and Natural Resources. Division of Parks 
and Recreation. Raleigh, NC. Guideline #30 


X 

X 

X 
X 

X 

X 
X 








Water dependent structures as defined in 15A NCAC 2B 
.0202 




X 






Water supply reservoirs: 

• New reservoirs provided that a riparian buffer that 
meets the requirements of Items (4) and (5) is established 
adjacent to the reservoir 

• New reservoirs where a riparian buffer that meets the 
requirements of Items (4) and (5) is NOT established 
adjacent to the reservoir 




X 


X 




Water wells 


X 








Wetland restoration 


X 









(7) REQUIREMENTS FOR CATEGORIES OF USES. 

Uses designated as exempt, allowable, allowable with 
mitigation and prohibited in Item (6) of this Paragraph 
shall have the following requirements: 

(a) EXEMPT. Uses designated as exempt are 
allowed within the riparian buffer. Exempt 
uses shall be designed, constructed and 
maintained to minimize soil disturbance and to 
provide the maximum water quality protection 
practicable. In addition, exempt uses shall 
meet requirements listed in Item (6) of this 
Paragraph for the specific use. 

(b) ALLOWABLE. Uses designated as allowable 
may proceed within the riparian buffer 
provided that there are no practical alternatives 
to the requested use pursuant to Item (8) of this 
Paragraph. These uses require written 
authorization from the Division or the 



delegated local authority. 

(c) ALLOWABLE WITH MITIGATION. Uses 
designated as allowable with mitigation may 
proceed within the riparian buffer provided that 
there are no practical alternatives to the 
requested use pursuant to Item (8) of this 
Paragraph and an appropriate mitigation 
strategy has been approved pursuant to Item 
(10) of this Paragraph. These uses require 
written authorization from the Division or the 
delegated local authority. 

(d) PROHIBITED. Uses designated as prohibited 
may not proceed within the riparian buffer 
unless a variance is granted pursuant to Item 
(9) of this Paragraph. Mitigation may be 
required as one condition of a variance 
approval. 

(8) DETERMINATION OF "NO PRACTICAL 



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ALTERNATIVES." Persons who wish to undertake 
uses designated as allowable or allowable with 
mitigation shall submit a request for a "no practical 
alternatives" determination to the Division or to the 
delegated local authority. The applicant shall certify 
that the criteria identified in Sub-Item (8)(a) of this 
Paragraph are met. The Division or the delegated 
local authority shall grant an Authorization Certificate 
upon a "no practical alternatives" determination. The 
procedure for making an Authorization Certificate 
shall be as follows: 

(a) For any request for an Authorization 
Certificate, the Division or the delegated local 
authority shall review the entire project and 
make a finding of fact as to whether the 
following requirements have been met in 
support of a "no practical alternatives" 
determination: 

(i) The basic project purpose cannot be 
practically accomplished in a manner 
that would better minimize disturbance, 
preserve aquatic life and habitat, and 
protect water quality, 
(ii) The use cannot practically be reduced in 
size or density, reconfigured or 
redesigned to better minimize 
disturbance, preserve aquatic life and 
habitat, and protect water quality, 
(iii) Best management practices will be used 
if necessary to minimize disturbance, 
preserve aquatic life and habitat, and 
protect water quality. 

(b) Requests for an Authorization Certificate shall 
be reviewed and either approved or denied 
within 60 days of receipt of a complete 
submission based on the criteria in Sub-Item 
(8)(a) of this Paragraph by either the Division 
or the delegated local authority. Failure to 
issue an approval or denial within 60 days shall 
constitute that the applicant has demonstrated 
"no practical alternatives." The Division or the 
delegated local authority may attach conditions 
to the Authorization Certificate that support the 
purpose, spirit and intent of the riparian buffer 
protection program. Complete submissions 
shall include the following: 

(i ) The name, address and phone number of 
the applicant; 

(ii) The nature of the activity to be 
conducted by the applicant; 

(iii) The location of the activity, including 
the jurisdiction; 

(iv) A map of sufficient detail to accurately 
delineate the boundaries of the land to 
be utilized in carrying out the activity, 
the location and dimensions of any 



(9) 



disturbance in riparian buffers 

associated with the activity, and the 

extent of riparian buffers on the land; 

(v) An explanation of why this plan for the 

activity cannot be practically 

accomplished, reduced or reconfigured 

to better minimize disturbance to the 

riparian buffer, preserve aquatic life and 

habitat and protect water quality; and 

( vi) Plans for any best management practices 

proposed to be used to control the 

impacts associated with the activity. 

(c) Any disputes over determinations regarding 

Authorization Certificates shall be referred to 

the Director for a decision. The Director's 

decision is subject to review as provided in 

Articles 3 and 4 of G. S. 150B. 

VARIANCES. Persons who wish to undertake uses 

designated as prohibited have the option of pursuing 

a variance. The Division or the appropriate delegated 

local authority may grant minor variances. The 

variance request procedure shall be as follows: 

(a) For any variance request, the Division or the 

delegated local authority shall make a finding 

of fact as to whether the following 

requirements have been met: 

(i) There are practical difficulties or 

unnecessary hardships that prevent 

compliance with the strict letter of the 

riparian buffer protection requirements. 

Practical difficulties or unnecessary 

hardships shall be evaluated in 

accordance with the following: 

(A) If the applicant complies with the 

provisions of this Rule, he/she 

can secure no reasonable return 

from, nor make reasonable use 

of. his/her property. Merely 

proving that the variance would 

permit a greater profit from the 

property will not be considered 

adequate justification for a 

variance. Moreover, the 

Division or delegated local 

authority shall consider whether 

the variance is the minimum 

possible deviation from the terms 

of this Rule that will make 

reasonable use of the property 

possible. 

The hardship results from 
application of this Rule to the 
property rather than from other 
factors such as deed restrictions 
or other hardship. 
The hardship is due to the 



(BJ 



tC] 



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1185 



TEMPORARY RULES 



physical nature of the applicant's 
property, such as its size, shape, 
or topography, which is different 
from that of neighboring 
property. 

(D) The applicant did not cause the 
hardship by knowingly or 
unknowingly violating this Rule. 

(E) The applicant did not purchase 
the property after the effectiye 
date of this Rule, and then 
request an appeal . 

(F) The hardship is unique to the 
applicant's property, rather than 
the result of conditions that are 
widespread. If other properties 
are equally subject to the 
hardship created i_n the 
restriction, then granting a 
yariance would be a special 
priyilege denied to others, and 
would not promote equal justice. 

(ii) The variance is in harmony with the 
general purpose and intent of the State's 
riparian buffer protection requirements 
and preserves its spirit; and 
(iii) In granting the variance, the public 
safety and welfare have been assured, 
water quality has been protected, and 
substantial justice has been done. 

(b) MINOR VARIANCES. A minor variance 
request pertains to activities that are proposed 
only to impact any portion of Zone 2 of the 
riparian buffer. Minor variance requests shall 
be reviewed and approved based on the criteria 
in Sub-Item (9)(a) of this Paragraph by the 
either the Division or the delegated local 
authority pursuant to G.S. 153A-Article 18, or 
G.S. 160A- Article 19. The Division or the 
delegated local authority may attach conditions 
to the variance approval that support the 
purpose, spirit and intent of the riparian buffer 
protection program. Requests for appeals of 
decisions made by the Division shall be made 
to the Office of Administrative Hearings. 
Request for appeals made by the delegated 
local authority shall be made to the appropriate 
Board of Adjustment under G.S. 160A-388 or 
G.S. 153A-345. 

(c) MAJOR VARIANCES. A major variance 
request pertains to activities that are proposed 
to impact any portion of Zone 1 or any portion 
of both Zones 1 and 2 of the riparian buffer. If 
the Division or the delegated local authority 
has determined that a major variance request 
meets the requirements in Sub-Item (9)(a) of 
this Paragraph, then it shall prepare a 



preliminary finding and submit it to the 
Commission. Preliminary findings on major 
variance requests shall be reviewed by the 
Commission within 90 days after receipt by the 
Director. Requests for appeals of 
determinations that the requirements of Sub- 
Item (9)(a) of this Paragraph have not been met 
shall be made to the Office of Administrative 
Hearings for determinations made by the 
Division or the appropriate Board of 
Adjustments under G.S. 160A-388 or G.S. 
153A-345 for determinations made by the 
delegated local authority. The purpose of the 
Commission's review is to determine if it 
agrees that the requirements in Sub-Item (9)(a) 
of this Paragraph have been met. Requests for 
appeals of decisions made by the Commission 
shall be made to the Office of Administrative 
Hearings. The following actions shall be taken 
depending on the Commission's decision on 
the major variance request: 
(i) Upon the Commission's approval, the 
Division or the delegated local authority 
shall issue a final decision granting the 
major variance, 
(ii) Upon the Commission's approval with 
conditions or stipulations, the Division 
or the delegated local authority shall 
issue a final decision, which includes 
these conditions or stipulations, 
(iii) Upon the Commission's denial, the 
Division or the delegated local authority 
shall issue a final decision denying the 
major variance. 

(10) MITIGATION. Persons who wish to undertake uses 
designated as allowable with mitigation shall meet the 
following requirements in order to proceed with their 
proposed use. 

(a) Obtain a determination of "no practical 
alternatives" to the proposed use pursuant to 
Item (8) of this Paragraph. 

(b) Obtain approval for a mitigation proposal 
pursuant to 15A NCAC 2B .0260, 

(11) REQUIREMENTS SPECIFIC TO FOREST 
HARVESTING. The following requirements shall 
apply for forest harvesting operations and practices, 
(a) The following measures shall apply in the 

entire riparian buffer: 

(i) Logging decks and sawmill sites shall 
not be placed in the riparian buffer. 

(ii) Access roads and skid trails shall be 
prohibited except for temporary and 
permanent stream crossings established 
in accordance with 15A NCAC II 
.0203. Temporary stream crossings 
shall be permanently stabilized after any 
site disturbing activity is completed. 



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(iii) Timber felling shall be directed away 

from the stream or water body. 

(iv) Skidding shall be directed away from 

the stream or water body and shall be 

done in a manner that minimizes soil 

disturbance and prevents the creation of 

channels or ruts. 

(v) Individual trees may be treated to 

maintain or improve their health, form 

or vigor. 

(vi) Harvesting of dead or infected trees or 

application of pesticides necessary to 

prevent or control extensive tree pest 

and disease infestation shall be allowed. 

These practices must be approved by the 

Division of Forest Resources for a 

specific site. The Division of Forest 

Resources must notify the Division of 

all approvals. 

(vii) Removal of individual trees that are in 

danger of causing damage to structures 

or human life shall be allowed. 

(viii) Natural regeneration of forest vegetation 

and planting of trees, shrubs, or ground 

cover plants to enhance the riparian 

buffer shall be allowed provided that 

soil disturbance is minimized. Plantings 

shall consist primarily of native species. 

(ix ) High intensity prescribed bums shall not 

be allowed. 

(x) Application of fertilizer shall not be 

allowed except as necessary for 

permanent stabilization. Broadcast 

application of fertilizer or herbicides to 

the adjacent forest stand shall be 

conducted so that the chemicals are not 

applied directly to or allowed to drift 

into the riparian buffer. 

(b) In Zone 1, forest vegetation shall be protected 

and maintained. Selective harvest as provided 

for below is allowed on forest lands that have 

a deferment for use value under forestry in 

accordance with G.S. 1 05-277.2 through 277.6 

or on forest lands that have a forest 

management plan prepared or approved by a 

registered professional forester. Copies of 

either the approval of the deferment for use 

value under forestry or the forest management 

plan shall be produced upon request. For such 

forest lands, selective harvest is allowed in 

accordance with the following: 

(i) Tracked or wheeled vehicles are not 

permitted except at stream crossings 

designed, constructed and maintained in 

accordance with 15A NCAC II .0203. 

( ii ) Soil disturbing site preparation activities 



are not allowed, 
(iii) Trees shall be removed with the 

minimum disturbance to the soil and 

residual vegetation, 
(iv) The following provisions for selective 

harvesting shall be met: 

(A) The first 10 feet of Zone 1 
directly adjacent to the stream or 
waterbody shall be undisturbed 
except for the removal of 
individual high value trees as 
defined provided that no trees 
with exposed primary roots 
visible in the streambank be cut. 

(B) In the outer 20 feet of Zone 1 , a 
maximum of 50 percent of the 
trees greater than five inches dbh 
may be cut and removed. The 
reentry time for harvest shall be 
no more frequent than every 15 
years, except on forest 
plantations where the reentry 
time shall be no more frequent 
than every five years. In either 
case, the trees remaining after 
harvest shall be as evenly spaced 
as possible. 

(C) In Zone 2, harvesting and 
regeneration of the forest stand 
shall be allowed provided that 
sufficient ground cover is 
maintained to provide for 
diffusion and infiltration of 
surface runoff. 

(12) REQUIREMENTS SPECIFIC TO LOCAL 
GOVERNMENTS WITH STORMWATER 
PROGRAMS FOR NITROGEN CONTROL. Local 
governments in the Tar-Pamlico River Basin that are 
required to have local stormwater programs to control 
nitrogen loading shall have two options for ensuring 
protection of riparian buffers on new developments 
within their jurisdictions as follows. 

(a) Obtain authority to implement a local riparian 
buffer protection program pursuant to 15A 
NCAC2B .0261. 

(b) Refrain from issuing local approvals for new 
development projects unless either: 

(i) The person requesting the approval does 
not propose to impact the riparian buffer 
of a surface water that appears on either 
the most recent versions of the soil 
survey maps prepared by the Natural 
Resources Conservation Service of the 
United States Department of Agriculture 
or the most recent versions of the 
1:24,000 scale (7.5 minute quadrangle) 



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topographic maps prepared by the 
United States Geologic Survey (USGS). 
(ii) The person requesting the approval 
proposes to impact the riparian buffer of 
a surface water that appears on the maps 
described in Sub-Item ( 1 2)(b)(i) of this 
Paragraph and either: 

(A) Has received an on-site 
determination from the Division 
pursuant to Sub-Item (3)(a) of 
this Paragraph that surface 
waters are not present; 

(B) Has received an Authorization 
Certificate from the Division 
pursuant to Item (8) of this 
Paragraph for uses designated as 
Allowable under this Rule; 

(C) Has received an Authorization 
Certificate from the Division 
pursuant to Item (8) of this 
Paragraph and obtained the 
Division's approval on a 
mitigation plan pursuant to Item 
(10) of this Paragraph for uses 
designated as Allowable with 
Mitigation under this Rule; or 

(D) Has received a variance from the 
Commission pursuant to Item (9) 
of this Paragraph. 

(13) OTHER LAWS, REGULATIONS AND PERMITS. 
In all cases, compliance with this Rule does not 
preclude the requirement to comply with all federal, 
state and local regulations and laws. 

Histoiy Note: Authority 143-214.1: 143-214.7; 143- 
215.3(a)(1): 143-215.6A: 143-215.6B: 143-2I5.6C: 143B- 
242(d): S.L 1999. c. 329. s. 7: 
Temporarx Adoption Eff. Janiianl. 2000. 

.0260 TAR-PAMLICO RIVER BASIN - NUTRIENT 
SENSITIVE WATERS MANAGEMENT 
STRATEGY: MITIGATION PROGRAM FOR 
PROTECTION AND MAINTENANCE OF 
RIPARIAN BUFFERS 
The following are requirements for the Riparian Buffer 

Mitigation Program for the Tar-Pamlico Basin: 

( 1 ) PURPOSE. The purpose of this Rule is to set forth 
the mitigation requirements that apply to the Tar= 
Pamlico Basin riparian buffer protection p rogram, 
riparian buffer protection program in the Tar-Pamlico 
Basin , as described in Rule 1 5 A NCAC 2B 70259 
■0259, and whose surface waters are described in the 
Schedule of Classifications, 15A NCAC 2B .0316 . 

(2) APPLICABILITY. This Rule applies to persons who 
wish to impact a riparian buffer in the Tar-Pamlico 
Basin when one of the following applies; 



(a) A person has received an Authorization 
Certificate pursuant to 15A NCAC 2B .0259 
for a proposed use that is designated as 
"allowable with mitigation." 

(b) A person has received a variance pursuant to 
15A NCAC 2B .0259 and is required to 
perform mitigation as a condition of a variance 
approval. 

(3) THE AREA OF MITIGATION. The required area of 
mitigation shall be determined by either the Division 
or the delegated local authority according to the 
following; 

(a) The impacts in square feet to each zone of the 
riparian buffer shall be determined by the 
Division or the delegated local authority by 
adding the following: 

(i) The area of the footprint of the use 
causing the impact to the riparian buffer. 

(ii) The area of the boundary of any clearing 
and grading activities within the riparian 
buffer necessary to accommodate the 
use. 

(iii) The area of any ongoing maintenance 
corridors within the riparian buffer 
associated with the use. 

(b) The required area of mitigation shall be 
determined by applying the following 
multipliers to the impacts determined in Sub- 
item (3)(a) of this Paragraph to each zone of 
the riparian buffer: 

(i) Impacts to Zone 1 of the riparian buffer 
shall be multiplied by 3. 

(ii) Impacts to Zone 2 of the riparian buffer 
shall be multiplied by 1.5. 

(iii) Impacts to wetlands within Zones 1 and 
2 of the riparian buffer that are subject 
to mitigation under 15A NCAC 2H 
.0506 shall comply with the mitigation 
ratios in 15A NCAC 2H .0506. 

(4 ) THE LOCATION OF MITIGATION . The mitigation 
effort shall be located the same distance from the 
Pamlico River estuary as the proposed impact, or 
closer to the estuary than the impact impact, and as 
close to the location of the impact as feasible . 

(5) ISSUANCE OF THE MITIGATION 
DETERMINATION. The Division or the delegated 
local authority shall issue a mitigation determination 
that specifies the required area and location of 
mitigation pursuant to Items (3) and (4) of this 
Paragraph. 

(6) OPTIONS FOR MEETING THE MITIGATION 
DETERMINATION. The mitigation determination 
made pursuant to Item (5) of this Paragraph may be 
met through one of the following options: 

(a) Payment of a compensatory mitigation fee to 
the Riparian Buffer Restoration Fund pursuant 
to Item (7) of this Paragraph. 



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(b) Donation of real property or of an interest in 
real property pursuant to Item (8) of this 
Paragraph. 

(c) Restoration or enhancement of a non-forested 
riparian buffer, that i s not othe r wise required to 
be protec t ed. This shall be accomplished by 
the applicant after submittal and approval of a 
restoration plan pursuant to Item (9) of this 
Paragraph, 

(7) PAYMENT TO THE RIPARIAN BUFFER 
RESTORATION FUND. Persons who choose to 
satisfy their mitigation determination by paying a 
compensatory mitigation fee to the Riparian Buffer 
Restoration Fund shall meet the following 
requirements: 

(a) SCHEDULE OF FEES: The amount of 
payment into the Fund shall be determined by 
multiplying the acres or square feet of 
mitigation determination made pursuant to 
Item (5) of this Paragraph by ninety-six cents 
per square foot or forty-one thousand, six 
hundred and twenty-five dollars per acre. 

(b) The required fee shall be submitted to the 
Division of Water Quality, Wetlands 
Restoration Program, f^:&. — Box — 29535, 
Raleigh, NC 27626-0535 1619 Mail Service 
Center, Raleigh, NC 27699-1619 prior to any 
activity that results in the removal or 
degradation of the protected riparian buffer for 
which a "no practical alternatives" 
determination has been made. 

(c ) The payment of a compensatory mitigation fee 
may be fully or partially satisfied by donation 
of real property interests pursuant to Item (8) 
of this Paragraph. 

(d) The fee outlined in Sub-item (7)(a) of this 
Paragraph shall be reviewed every two years 
and compared to the actual cost of restoration 
activities conducted by the Department, 
including site identification, planning, 
implementation, monitoring and maintenance 
costs. Based upon this biennial review, 
revisions to Sub-item (7)(a) of this Paragraph 
will be recommended when adjustments to this 
Schedule of Fees are deemed necessary. 

(8) DONATION OF PROPERTY. Persons who choose 
to satisfy their mitigation determination by donating 
real property or an interest in real property shall meet 
the following requirements: 

(a) The donation of real property interests may be 
used to either partially or fully satisfy the 
payment of a compensatory mitigation fee to 
the Riparian Buffer Restoration Fund pursuant 
to Item (7) of this Paragraph. The value of the 
property interest shall be determined by an 
appraisal performed in accordance with Sub- 



item (8)(d)(iv) of this Paragraph. The donation 
shall satisfy the mitigation determination if the 
appraised value of the donated property interest 
is equal to or greater than the required fee. If 
the appraised value of the donated property 
interest is less than the required fee calculated 
pursuant to Sub-item (7)(a) of this Paragraph, 
the applicant shall pay the remaining balance 
due. 

(b) The donation of conservation easements to 
satisfy compensatory mitigation requirements 
shall be accepted only if the conservation 
easement is granted in perpetuity. 

(c) Donation of real property interests to satisfy 
the mitigation determination shall be accepted 
only if such property meets all of the following 
requirements: 

(i) The property shall be located within an 
area that is identified as a priority for 
restoration in the Basinwide Wetlands 
and Riparian Restoration Plan or shall 
be located at a site that is otherwise 
consistent with the goals outlined in the 
Basinwide Wetlands and Riparian 
Restoration Plan. 

(ii) The property shall contain riparian 
buffers not currently protected by the 
State's riparian buffer protection 
program that are in need of restoration. 

(iii) The restorable riparian buffer on the 
property shall have a minimum length 
of 1000 linear feet along a surface water 
and a minimum width of 50 feet as 
measured horizontally on a line 
perpendicular to the surface water. 

(iv) The size of the restorable riparian buffer 
on the property to be donated shall equal 
or exceed the acreage of riparian buffer 
required to be mitigated under the 
mitigation responsibility determined 
pursuant to Item (3) of this Paragraph. 

(v) The property shall not require excessive 
measures for successful restoration, 
such as removal of structures or 
infrastructure. Restoration of the 
property shall be capable of fully 
offsetting the adverse impacts of the 
requested use; 

(vi) TTie property shall be suitable to be 
successfully restored, based on existing 
hydrology, soils, and vegetation; 
(vii) The estimated cost of restoring and 
maintaining the property shall not 
exceed the value of the property minus 
site identification and land acquisition 
costs. 



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(ix) The property shall not contain cuUural 
or historic resources. 

(x) The property shall not contain any 
hazardous substance or solid waste. 

(xi) The property shall not contain structures 
or materials that present health or safety 
problems to the general public. If wells, 
septic, water or sewer connections exist, 
they shall be filled, remediated or closed 
at owners expense in accordance with 
state and local health and safety 
regulations, 
(xii) The property shall have the potential to 
remove nitrogen, improve water quality 
and enhance natural resources after 
restoration. The Division shall consider 
whether the property is adjacent to or 
includes: 

(A) a Department-approved 
restoration or preservation 
project or public lands; 

(B) a sensitive natural resource, as 
identified in the Basinwide 
Wetland and Riparian 
Restoration Plan; 

(C) known occurrences of rare 
species as identified by the North 
Carolina Natural Heritage 
Program in the "Natural Heritage 
Program List of Rare Animal 
Species of North Carolina" or the 
"Natural Heritage Program List 
of the Rare Plant Species of 
North Carolina;" 

(D) significant Natural Heritage Area 
as identified by the North 
Carolina Natural Heritage 
Program in the "North Carolina 
Natural Heritage Program 
Biennial Protection Plan, List of 
Significant Natural Heritage 
Areas." Copies of these 
documents may be obtained from 
the Department of Environment 
and Natural Resources, Division 
of Parks and Recreation, Natural 
Heritage Program, PtO: — Box 
27 6 87, Raleigh, No r th Ca r olina 
2?frH- 1 6 1 5 Mail Service Center, 
Raleigh, NC 27699-1615 ; 

(E) federally or state-listed sensitive, 
endangered, or threatened 
species, or their critical habitat; 

(F) non-supporting, partially 
supporting, or support-threatened 
waters as designated by the 
Division pursuant to 40 CPU 



131.10(a) through (g). This 

material is available at the 

Department of Environment and 

Natural Resources, Division of 

Water Quality, Water Quality 

Section, 512 North Salisbury 

Street, Raleigh, North Carolina 

27604 27604, or by mail at 1 6 1 7 

Mail Service Center. Raleigh. 

NC 27699-1617 ; 

(xiii) The property and adjacent properties 

shall not have prior, current, and known 

future land use that would inhibit the 

function of the restoration effort. 

(xiv) The property shall not have any 

encumbrances or conditions on the 

transfer of the property interests. 

(d) At the expense of the applicant or donor, the 

following information shall be submitted to the 

Division with any proposal for donations or 

dedications of interest in real property: 

(i) Documentation that the property meets 

the requirements laid out in Sub-Item 

(8)(c) of this Paragraph. 

(ii) US Geological Survey 1:24,000 (7.5 

minute) scale topographic map, county 

tax map, USDA Natural Resource 

Conservation Service County Soil 

Survey Map, and county road map 

showing the location of the property to 

be donated along with information on 

existing site conditions, vegetation 

types, presence of existing structures 

and easements. 

(iii) A current property survey performed in 

accordance with the procedures of the 

North Carolina Department of 

Administration, State Property Office as 

identified by the State Board of 

Registration for Professional Engineers 

and Land Surveyors in "Standards of 

Practice for Land Surveying in North 

Carolina." Copies may be obtained 

from the North Carolina State Board of 

Registration for Professional Engineers 

and Land Surveyors, 3620 Six Forks 

Road, Suite 300, Raleigh, North 

Carolina 27609. 

(iv) A current appraisal of the value of the 

property performed in accordance with 

the procedures of the North Carolina 

Department of Administration, State 

Property Office as identified by the 

Appraisal Board in the "Uniform 

Standards of Professional North 

Carolina Appraisal Practice." Copies 

may be obtained from the Appraisal 



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Foundation, Publications Department, 
P.O. Box 96734, Washington, D.C. 
20090-6734. 
(v) A title certificate. 
(9) RIPARIAN BUFFER RESTORATION OR 
ENHANCEMENT. Persons who choose to meet 
their mitigation requirement through riparian buffer 
restoration or enhancement shall meet the following 
requirements: 

(a) The applicant may restore or enhance a non- 
forested riparian buffer that is not pro t ected 
unde r the S t ate's r i parian buffer pro t ection 
prog r am if either of the following applies: 

(i) The area of riparian buffer restoration is 
equal to the required area of mitigation 
determined pursuant to Item (3) of this 
Paragraph, 
(ii) The area of riparian buffer enhancement 
is three times larger than the required 
area of mitigation determined pursuant 
to Item (3) of this Paragraph. 

(b) The location of the riparian buffer restoration 
or enhancement shall comply with the 
requirements in Item (4) of this Paragraph. 

(c) The riparian buffer restoration or enhancement 
site shall have a minimum width of 50 feet as 
measured horizontally on a line perpendicular 
to the surface water. 

(d) The applicant shall first receive an 
Authorization Certificate for the proposed use 
according to the requirements of 15A NCAC 
2B .0259. After receiving this determination, 
the applicant shall submit a restoration or 
enhancement plan for approval by the 
Division. The restoration or enhancement 
plan shall contain the following. 

(i) A map of the proposed restoration or 
enhancement site. 

(ii) A vegetation plan. TTie vegetation plan 
shall include a minimum of at least two 
native hardwood tree species planted at 
a density sufficient to provide 320 trees 
per acre at maturity, 
(iii) A grading plan. The site shall be graded 
in a manner to ensure diffuse flow 
through the riparian buffer, 
(iv) A fertilization plan. 

(v) A schedule for implementation. 

(e) Within one year after the Division has 
approved the restoration or enhancement plan, 
the applicant shall present proof to the Division 
that the riparian buffer has been restored or 
enhanced. If proof is not presented within this 
timeframe, then the person shall be in violation 
of the State's or the delegated local authority's 
riparian buffer protection program. 



(f) The mitigation area shall be placed under a 
perpetual conservation easement whose terms 
are acceptable to the Division. 

(g) The applicant shall submit annual reports for a 
period of five years after the restoration or 
enhancement showing that the trees planted 
have survived and that diffuse flow through the 
riparian buffer has been maintained. The 
applicant shall be responsible for replacing 
trees that do not survive and for restoring 
diffuse flow if needed during that five-year 
period. 

HistoiyNote: Authority 143-214.1; 143-214.7; 143- 
215.3(a)(1); 143-215.6A; 143-215.6B; 143-215.6C; 143B- 
242(d); S.L. 1999. c. 329. s. 7; 
Temporary Adoption Eff. January 1. 2000. 

.0261 TAR-PAMLICO RIVER BASIN - NUTRIENT 

SENSITIVE WATERS MANAGEMENT 

STRATEGY: DELEGATION OF AUTHORITY 

FOR THE PROTECTION AND 

MAINTENANCE OF EXISTING RIPARIAN 

BUFFERS 

This Rule sets out the following requirements for delegation 

of the responsibility for implementing and enforcing the Tar- 

Pamlico Basin riparian buffer protection program program, as 

described in Rule 15A NCAC 2B .0259, to local governments: 

(1) PROCEDURES FOR GRANTING AND 

RESCINDING DELEGATION. The Commission 

shall grant and rescind local government delegation of 

the Tar-Pamlico River Basin Riparian Buffer 

Protection requirements, as described in Rule 15A 

NCAC 2B. 0259, according to the following 

procedures. 

(a) Local governments within the Tar-Pamlico 

River Basin may submit a written request to 

the Commission for authority to implement and 

enforce the Tar-Pamlico Basin riparian buffer 

protection requirements within their 

jurisdiction. The written request shall be 

accompanied by information which shows: 

(i) The local government has land use 

jurisdiction for the riparian buffer 

demonstrated by delineating the local 

land use jurisdictional boundary on 

USGS 1 :24,000 topographical map(s) or 

other appropriate scale map(s); 

(ii) The local government has the 

administrative organization, staff, legal 

authority, financial and other resources 

necessary to implement and enforce the 

Tar-Pamlico Basin riparian buffer 

protection requirements based on its size 

and projected amount of development; 

(iii) The local government has adopted 



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ordinances, resolutions, or regulations 
necessary to establish and maintain tlie 
Tar-Pamlico Basin riparian buffer 
protection requirements; and 
(iv) The local government has provided a 
plan to address violations with 
appropriate remedies and actions. 

(b) Within 90 days after the Commission has 
received the request for delegation, the 
Commission shall notify the local government 
whether it has been approved, approved with 
modifications, or denied. 

(c) The Commission, upon determination that a 
delegated local authority is failing to 
implement or adequately enforce the Tar- 
Pamlico Basin riparian buffer protection 
requirements, shall notify the delegated local 
authority in writing of the local program's 
inadequacies. If the delegated local authority 
has not corrected the deficiencies within 90 
days of receipt of the written notification, then 
the Commission shall rescind the delegation of 
authority to the local government and shall 
implement and enforce the Tar-Pamlico Basin 
riparian buffer protection requirements. 

(d) The Commission may delegate its duties and 
powers for granting and rescinding local 
government delegation of the Tar-Pamlico 
Basin riparian buffer protection requirements, 
in whole or in part, to the Director. 

(2) APPOINTMENT OF A RIPARIAN BUFFER 
PROTECTION ADMINISTRATOR. Upon receiving 
delegation, local governments shall appoint a Riparian 
Buffer Protection Administrator who shall coordinate 
the implementation and enforcement of the program. 
The Administrator shall attend an initial training 
session by the Division and subsequent annual 
training sessions. The Administrator shall ensure that 
local government staff working directly with the 
program receive training to understand, implement 
and enforce the program. 

(3) PROCEDURES FOR USES WITHIN RIPARIAN 
BUFFERS THAT ARE ALLOWABLE AND 
ALLOWABLE WITH MITIGATION. Upon 
receiving delegation, local authorities shall be 
responsible for reviewing proposed uses within the 
riparian buffer and issuing approvals if the uses meet 
the Tar-Pamlico Basin riparian buffer protection 
requirements. Delegated local authorities shall issue 
an Authorization Certificate for uses if the proposed 
use meets the Tar-Pamlico Basin riparian buffer 
protection requirements, or provides for appropriate 
mitigated provisions to the Tar-Pamlico Basin 
riparian buffer protection requirements. The Division 
shall have the authority to challenge a decision made 
by a delegated local authority for a period of 30 days 
after the Authorization Certificate is issued. If the 



Division does not challenge an Authorization 
Certificate within 30 days of issuance, then the 
delegated local authority's decision will stand. 

(4) VARIANCES. After receiving delegation, local 
governments shall be responsible for reviewing 
variance requests, providing approvals for minor 
variance requests and making recommendations to the 
Commission for major variance requests pursuant to 
the Tar-Pamlico Basin riparian buffer protection 
program. 

(5) LIMITS OF DELEGATED LOCAL AUTHORITY. 
The Commission shall have jurisdiction to the 
exclusion of local governments to implement the Tar- 
Pamlico Basin riparian buffer protection 
requirements for the following types of activities: 

(a) Activities conducted under the authority of the 
State; 

(b) Activities conducted under the authority of the 
United States; 

(c) Activities conducted under the authority of 
multiple jurisdictions; 

(d) Activities conducted under the authority of 
local units of government. 

(6) RECORD-KEEPING REQUIREMENTS. Delegated 
local authorities are required to maintain on-site 
records for a minimum of 5 years. Delegated local 
authorities must furnish a copy of these records to the 
Director within 30 days of receipt of a written request 
for the records. The Division will inspect local 
riparian buffer protection programs to ensure that the 
programs are being adequately implemented and 
enforced. Each delegated local authority's records 
shall include the following: 

(a) A copy of variance requests; 

(b) The variance request's finding of fact; 

(c) The result of the variance proceedings; 

(d) A record of complaints and action taken as a 
result of the complaint; 

(e) Records for stream origin calls and stream 
ratings; and 

Copies of request for authorization, records approving 
authorization and Authorization Certificates. 

History Note: Authority G. S. 143-214.1; 143-214.7: 143- 
215.3(aHl): 143-215.6A: 143-215.6B: 143-215.6C: 143B- 
242{d): S.L 1999, c. 329. s. 7; 
Tempora)-\' Adoption Eff. Jainiar\ 1_^ 2000. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 

CHAPTER 4 - COMMISSION FOR AUCTIONEERS 

Rule-making Agency: North Carolina Auctioneers 
Commission 



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Rule Citation: 21 NCAC4B .0201 -.0202, .0302, .0404, .0601, 
.0801 -.08 19 

Effective Date: January 1, 2000 

Findings Reviewed and Approved by: Beecher R. Gray 

Authority for the rule-making: G.S. 85B-3(f): 85B-4: 85B- 
4(d): 85B-4(el): 85B-4.1; 85B-5: 85B-6; 85B-8(a)(l) 

Reason for Proposed Action: Ejfective July 1. 1999, the 
General Assembly amended Chapter 85B of the General 
Statutes, the enabling legislation for the North Carolina 
Auctioneers Commission. The amendments included three 
major changes requiring the adoption of administrative rules: 
I) A high school diploma or equivalency is now required for 
licensure: 2) A criminal history check, including submission of 
fingerprint cards, is now required for licensure: and. 3) 
Licensees are now required to have minimimi continidng 
education as a condition of renewal. 

Comment Procedures: Written comments concerning this 
ride-making action should be submitted to Robert A. Hamilton. 
E.xecutive Director. NC Auctioneer Licensing Board. 1001 
Navaho Drive. Suite 105, Raleigh. NC 27609-7318. 



SUBCHAPTER 4B - AUCTIONEER LICENSING 
BOARD 

SECTION .0200 - APPLICATION FOR LICENSE 

.020! APPLICATION FORMS 

(a) Auctioneer. Each applicant for an auctioneer license shall 
complete an application form provided by the Board. This form 
shall be submitted to the Executive Director and shall be 
accompanied by: 

(1) one recent passport-type photograph for 
identification; 

(2) statements of the results of a local criminal history 
records search by the clerk of superior court (or 
equivalent official in other states) in each county 
where the applicant has resided and maintained a 
business within the immediate preceding 60 months 
(five years); 

(3) the completed fingerprint cards provided by the Board 
and the form signed bv the applicant consenting to the 
check of the criminal history and to the use of 
fingerprints and other identifying information; 

(4) a copy of the applicant'shigh school diploma or proof 
of equivalency; 

(fV) 15] the proper fees, as required by 2 1 NCAC 4B .0202; 
(4)16) documentationofrequiredschoolingorexperience, as 

follows: 

(A) Applicants who base their application upon 
their successful completion of an approved 



school of auctioneering shall submit a 

photostatic copy of their diploma or certificate 

of successful completion. Applicants who base 

their application upon their successful 

completion of an approved school of 

auctioneering shall have successfully 

completed this school within the previous five 

years, or if completed more than five years 

before, the applicant shall submit 

documentation verifying the applicant's active 

lawful participation in auctions within the two 

years preceding the date of application. 

(B) Applicants who base their application upon 

their successful completion of an 

apprenticeship shall submit a log which was 

maintained and completed during the 

apprenticeship period which details the exact 

hours and dates on which they obtained 

apprenticeship experience, with each entry 

being verified and signed by their supervising 

auctioneer. A minimum of 100 hours of 

experience during the apprenticeship two-year 

period shall be obtained. Not less than 25 of 

the total hours accumulated must be 

attributable to bid calling and not less than 50 

hours shall be attributable to working as a ring 

person, drafting and negotiating contracts, 

appraising merchandise, advertising, clerking 

and cashiering, with not less than five hours of 

accumulated experience documented for each 

category. An apprentice who applies for an 

auctioneer license under this Part shall submit 

his application and supporting documentation 

and obtain a passing score on the auctioneer 

exam prior to the expiration of his apprentice 

auctioneer lice n se, license; and 

(51 (7J Non-resident applicants shall also submit a properly 

completed "Designation of Agent for Service of 

Process Form" with notarized signature and notarial 

seal affixed. 

(b) Non-Resident Reciprocal Auctioneer. Each non-resident 

applicant for auctioneer license, who applies for a North 

Carolina license pursuant to G.S. 85B-5 shall complete an 

application form provided by the Board. This form shall be 

submitted to the Executive Director and shall be accompanied 

by: 

(1) one recent passport-type photograph for 
identification; 

(2) statements of the results of a local criminal history 
records search by the clerk of superior court (or 
equivalent official) in each county where the applicant 
has resided and maintained a business within the 
immediate preceding 60 months (five years); 

(3) the completed fingerprint cards provided by the Board 
and the form signed by the applicant consenting to the 
check ot" the criminal history and to the use of 



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ringerprints and other identifying information; 
(4) a copy of tiie applicant' shigh school diploma or proof 
of equiyalency; 

(3) (5) the proper fees, as required by 2 1 NCAC 4B .0202; 

(4) (6) a statement of good standing from the licensing board 

or Commission of each and every jurisdiction where 
the applicant holds an auctioneer, apprentice 
auctioneer or auction firm license; and 
(51 (7] a properly completed "Designation of Agent for 
Service of Process Form" with notarized signature 
and notarial seal affixed. 

(c) Apprentice Auctioneer. Each applicant for an apprentice 
auctioneer license shall complete an application form provided 
by the Board. This form shall be submitted to the Executive 
Director and shall be accompanied by: 

(1) one recent passport-type photograph for 
identification; 

(2) statements of the results of a local criminal history 
records search by the clerk of superior court (or 
equivalent official) in each county where the applicant 
has resided and maintained a business within the 
immediate preceding 60 months (five years); 

(3) the completed fingerprint cards provided by the Board 
and the form signed by the applicant consenting to the 
check of the criminal history and to the use of 
fingerprints and other identifying information; 

(4) a copy of the applicant' shigh school diploma or proof 
of equivalency; 

t3) (5) the proper fees, as required by 2 1 NCAC 4B .0202; 

(4) (6} the signature, as designated on the applicant form, of 

the licensed auctioneer who will be supervising the 
apprentice auctioneer; 

(5) (7) a written statement of the proposed supervisor's 

background and experience in the auction profession 

to include the number and types of auctions 

conducted or participated in annually; and 

ifi) (8) if applicant is a non-resident, a properly completed 

"Designation of Agent for Service of Process Form" with 

notarized signature and notarial seal affixed. 

(d) Auction Firms. Each applicant for an auction firm license 
shall complete an application form provided by the Board. This 
form shall be submitted to the Executive Director and shall be 
accompanied by: 

( 1 ) statements of the results of a local criminal history 
records search by the clerk of superior court (or 
equivalent official) in each county where any 
principal and designated person of the auction firm 
has resided and maintained a business within the 
immediate preceding 60 months (five years); 

(2) the completed fingerprint cards provided by the Board 
and the form signed by the applicant, any principal 
and designated person of' the auction firm consenting 
to the check of the criminal history and to the use of 
fingerprints and other identifying information; 

(3) a copy of each principal's and designated person's 
high school diploma or proof of equivalency; 

t2) (4) the proper fees, as required by 2 1 NCAC 4B .0202; 



(3) £5) a certified copy of any applicable Articles of 

Incorporation, Partnership Agreement, and Assumed 
Name Certificate; 

(4) (6) a statement of good standing from the licensing board 

or Commission of each jurisdiction where the 
applicant firm and any principal and designated 
person of such firm holds an auctioneer license of any 
type; and 
f5) (7) if applicant firm is a non-resident, a properly 
completed "Designation of Agent for Service of 
Process Form" (one each for the auction firm and for 
each principal and designated person of the firm) with 
notarized signature and notarial seal affixed and, if a 
corporation, the corporate seal and corporate 
secretary's signature affixed. 

HistoiyNote: Authority G.S. 85B-3(f): 85B-4: 85B-4(d); 85B- 

5: 

EJf. November ]. 1984; 

Amended Eff. April J. 1996; Jamiary 1, 1995: June 1. 1991; 

Temporarx Amendment Eff. Janitai-x 1. 2000. 

.0202 FILING AND FEES 

(a) Properly completed applications must be filed (received, 
not postmarked) in the Board office at least seven days prior to 
an established Board meeting date, or in the case of an 
application for auctioneer examination, at least 10 days prior to 
a scheduled examination and must be accompanied by all 
required documents. 

(b) License fees are as follows: 

(1) New auctioneer license for an applicant who did not 
serve an apprenticeship $175 . 00 $250.00 
This includes a $100.00 $150.00 annual license fee; 
$50.00 $50.00 application fee; and 

$25.00 $50.00 examination fee. 

(2) New auctioneer license for an apprentice 
auctioneer $125.00 $200.00 
This includes a $100.00 $150.00 annual license fee; 
and $25.00 $50.00 examination fee. 

(3) Renewal of auctioneer license $100.00 $150.00 

(4) New apprentice auctioneer license $100.00 $150.00 
This includes a $50.00 $100.00 license fee and a 
$50.00 $50.00 application fee. 

(5) Renewal of apprentice auctioneer 

license $50:66 $ 1 00.00 

(6) New auction firm license 

(no examination) $150.00 $200.00 

This includes a $100.00 $150.00 annual license fee; 
and $50.00 $50.00 application fee. 

(7) New auction firm license 

(examination) $175.00 $250.00 

This includes a $100.00 $150.00 annual license fee; 
$50.00 $50.00 application fee; 
and $25.00 $50.00 examination fee. 

(8) Renewal of an auction firm license $ 1 00.00 $150.00 

(9) Application and processing fee for conversion of non- 
resident reciprocal license to $25.00 $ 50.00 



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in state license 

(10) Reinstatement of lapsed license 

feeorlatefee $25.00 1 50.00 

(c) The renewal fee for a non-resident reciprocal licensee 
under G.S. 85B-5 shall be calculated in the same manner as the 
initial application fee pursuant to G.S. 85B-6. 

tc) (d) Fees may be paid in the form of a cashier's check, 
certified check or money order made payable to the North 
Carolina Auctioneer Licensing Board. Checks drawn on escrow 
or trust accounts shall not be accepted. Personal checks may be 
accepted for payment of renewal fees. 

His ton- Note: A uthority G. S. 85B-4. 1 ; 85B-6: 

Ejf. November I. 1984; 

Amended Ejf. April I. 1996: Janiiaiy I. 1995: April 1. 1989; 

Temporan Amendment Eff. Januan- I. 2000. 

SECTION .0300 - EXAMINATIONS 

.0302 RE-EXAMINATION/REFUND OF FEES 

If the applicant does not appear at the initial examination for 
which he has been scheduled or fails to pass such examination, 
he will be re-scheduled for the next scheduled examination. If 
the applicant again does not appear or fails to pass this 
examination, a refund of the annual auctioneer or apprentice 
license fee will be made and a refund of any Auctioneer 
Recovery Fund contribution will be made. No refund of the 
ap p lication application, examination or fingerprint and criminal 
history check o r exami n at i o n fee is allowed. A complete new 
application and proper fees are required if the person wishes to 
reapply. 

Histoiy Note: Authority G.S. 85B-4; 85B-6; 

Eff. November 1. 1984; 

Amended Eff. June 1. 1991; 

Temporary Amendment Eff. Januan' 1, 2000. 

SECTION .0400 - LICENSING 

.0404 GROUNDS FOR LICENSE DENIAL OR 
DISCIPLINE 

(a) The Board may assess a civil penalty in accordance with 
G.S. 85B-3.1(b) or deny, suspend, or revoke a license, or issue 
a letter of reprimand to a licensee, upon any of the following 
grounds: 

( 1 ) violation of any provision of G.S. 85B; 

(2) violation of any provision of the Rules under 21 
NC AC, Subchapter 4B; 

(3) a check given to the Board in payment of required 
fees which is returned unpaid; 

(4) allowing an unlicensed person (auctioneer) to call a 
bid at a sale; 

(5) calling a bid at an unlicensed auction firm sale; 

(6) failure to properly, completely and fully complete an 
application or making any false statement or giving 
any false information in connection with an 



application for a license, renewal or reinstatement of 
a license or any investigation by the Board or the 
Board's designee; 

(7) been adjudicated mentally incompetent by a court; 

(8) committed a crime the circumstances of which 
substantially relate to the auctioneering profession; 

(9) violated any federal or state statute or rule which 
relates to the auctioneering profession; 

(10) practiced the profession for which the holder has a 
license while the holder's ability to practice was 
impaired by alcohol or other drugs or physical or 
mental disability or disease; 

(11) been incompetent in practice. A licensee has been 
incompetent in practice if the licensee engaged in 
conduct which evidences a lack of ability, fitness or 
knowledge to apply principles or skills of the 
auctioneering profession; 

(12) engaged in unprofessional conduct. In this Paragraph 
"unprofessional conduct" means the violation of any 
standard of professional behavior which through 
professional experience has become established in the 
auctioneering profession; 

(13) obtained or attempted to obtain compensation by 
fraud or deceit; 

(14) violated any order of the Auctioneer Licensing Board; 

(15) failure to possess truth, honesty and integrity 
sufficient to be entitled to the high regard and 
confidence of the public; or 

(16) failure to properly make the disclosures required by 
21 NCAC4B .0405. 

(b) When applying the requirements of Rule .0404(a) to 
auction firms or their applications, the requirements shall apply 
to the firm, the applicant for the license, and all the principals, 
officers and designated person of the firm. 

Histoiy Note; Authority G.S. 85B-3(f); 85B-8(a)(I); 

Eff. November 1, 1984; 

Amended Eff. January 1, 1995; 

Temporary Amendment Eff. January 1, 2000. 

SECTION .0600 - GENERAL AUCTIONEERING 

.0601 CHANGE OF ADDRESS OR BUSINESS 
NAME OR OWNERSHIP 

(a) All licensees shall notify the Board in writing of each 
change or addition of residence or business address (including 
mailing address) and change of trade name, assumed name, or 
combination of names under which the licensee conducts 
business related to auctions. 

(b) In the case of a corporate licensee, license, said licensee 
shall immediately notify the Executive Director of any change 
in the directors or officers of the corporation and such new 
director(s) or officer(s) shall comply with the provisions of 
Subparagraphs (d)(1), (4) and (5) (d)(1). (2). (3), (5), (6) and (7) 
in Rule .0201 of this Subchapter. If the new directors or officers 
have a 5 1 % or greater controlling interest in the corporation, the 



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firm license shall be retired and the firm shall apply for a new 
license. 

(c) In the case of a partnership license, said licensee shall 
immediately notify the Executive Director of any change in 
partners and such new partners shall comply with the provisions 
of Subparagraphs (d)( 1), (4) a n d (5) (d)(1). (2). (3), (5). (6) and 
17) in Rule .0201 of this Subchapter. 



shaH 



(d) I n the case of an auction firm license, th e l i ce n see sf 
immediately not i fy the Executive Direc t or of a n y change in 
designated person(s) and such designated pe r sons shall comply 
with the provisions of Subparagraphs (d)( I ), (4) and (5) in Rule 
.0201 of this Subc h apte r . In the case of an auction firm license. 
the licensee shall immediately notify the Executive Director of 
any change in a designated person(s). If the designated person 
is a currently licensed auctioneer under Chapter 85B, the 
designated person shall be required to comply with the 
provisions of Subparagraphs (d)( 1 ), (6) and (7) in Rule .0201 of 
this Subchapter. If the designated person [s not a currently 
licensed auctioneer under Chapter 85B, the designated person 
shall be required to comply with the provisions of 
Subparagraphs (d)( 1 ), (2), (3). (6) and (7) in Rule .0201 of this 
Subchapter. 

(e) Any change in address, business name or ownership 
required by these Rules shall be reported within 10 days of the 
occurrence of such change. 

Histoiy Note: Authority G.S. 85 B- 3(f): 
Ejf. November 1. 1984: 
Amended Ejf. April I. 1996; Jamiaty 1. 1995: 
Temporary Amendment Eff. Jamiarx 1, 2000. 



by sponsors approved by the Board under this Rule. The subject 
matter of this course shall be determined by the course sponsor 
subject to Subparagraph (g) of this Rule. The course sponsor 
shall produce or acquire instructor and student materials for use 
by course sponsors. The course must be conducted as 
prescribed by the rules in this Section. At the beginning of the 
course, sponsors must provide licensees participating in their 
classes a copy of the student materials developed by the sponsor. 

(c) Approval of a sponsor to conduct a course authorizes the 
sponsor to conduct the course using an instructor who has been 
approved by the Board as a course instructor under Rule .0804 
of thus Section. The sponsor may conduct the course at any 
location as frequently as is desired during the approval period. 

(d) The Board shall establish at its April monthly Board 
meeting of each year the minimum classroom hours of 
instruction for the upcoming year. Upon receipt of renewal, 
licensees shall be notified of the required minimum hours for the 
following year'srenewal. 

(e) An auctioneer, an apprentice auctioneer, or a designated 
person(s) in an auction firm shall complete the continuing 
education requirements for each renewal period that their license 
was lapsed or suspended. 

(f) Credit hours applied to the current renewal of a license 
shall not be used for future renewals. 

(g) Excess continuing education hours may be carried 
forward as credits for a maximum of one renewal year. 

(h) The Board shall have the authority in its discretion to 
mandate the topic(s) for all or part of an approved course. 

ti) No part of the 80 hour prelicensing course curriculum 
shall count as continuing education credit hours. 



SECTION .0800 - CONTINUING EDUCATION 

.0801 CONTINUING EDUCATION COURSE 

(a) To renew a license on active status, an auctioneer, 
apprentice auctioneer, or designated person(s) in an auction t~irm 
shall complete a Board approved course(s) consisting of the 
hours of instruction as established in Paragraph (d) of this Rule 
and shall provide documentation of completion of the above 
Board approved course(s) within one year preceding license 
expiration. 

(1) "Within one year preceding license expiration" is 
defined as the May 15 to May 15 time period. 

(2) An auctioneer, apprentice auctioneer, or designated 
person(s) in an auction firm shall provide 
documentation on required continuing education 
courses by the May 1 5 deadline of the current renewal 
period. 

(3) If the required documentation is not received by the 
established deadline as set forth in Subparagraph 
(a)(2) of this Rule, the licensee will automatically be 
assessed a late fee as set forth in Paragraph 
.0202(b)( 1 > of this Subchapter. 

(4) The renewal shall not be processed until compliance 
is achieved and the required fees are received as set 
forth in Paragraph .0402(b) of thiis Subchapter. 

(b) The Board shall approve courses that shall be conducted 



Histoiy Note: Authority G.S. 85B-4.(el); 
Temporary' Adoption Eff. January L^ 2000. 

.0802 APPLICATION FOR ORIGINAL APPROVAL 

(a) An entity seeking original approval to sponsor a course 
must make application on a form prescribed by the Board. The 
applicant must submit a nonrefundable fee of one hundred 
dollars ($100.00) which may be in the form of a check payable 
to tfie North Carolina Auctioneers Commission; provided, 
however, that no fee is required rf tfie entity making application 
is a community college, junior college, college or university 
located in this State and accredited by the Southern Association 
of Colleges and Schools, is an agency of federal, state or local 
government, or an incorporated trade organization or an 
association of licensees to whom the Board has donated funds 
pursuant to G.S. 85B-4.1(c). An applying entity that is not a 
resident of North Carolina shall also file with the application a 
consent to service of process and pleadings. 

(b) Approval to sponsor a course shall be granted to an 
applicant upon showing to the satisfaction of the Board that: 

( 1 ) The applicant has submitted all information required 
by the Board and paid the application fee, if 
applicable; 

(2) The applicant has at least one proposed instructor who 
has been approved by the Board as a course instructor 
under Rule .0804 of this Section; 



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(3) The applicant satisfies all of the requirements of Rule 
■0805 of this Section relating to qualifications or 
eligibility of course sponsors: and 

(4) The applicant and the continuing education 
coordinator required by Rule .08Q5(e) must be 
truthful, honest and of high integrity. In this regard. 
the Board may consider the reputation and character 
of an^; owner, officer or director of any corporation, 
association or organization applying for sponsor 
approval. 

History Note: Authority G.S. 85B-4(elj; 
Temporan- Adoption Eff. Jaiuiarx 1. 2000. 

.0803 STUDENT FEE FOR COURSES 

Sponsors of a course may establish the amount of the fee to 
be charged to students taking this course: provided, however, 
that the established fee must be an all-inclusive fee and no 
separate or additional fee may be charged to students for 
providing course materials, providing course completion 
certificates, reporting course completion to the Board, or for 
recouping similar routine administrative expenses. 

History Note: Aiitlwrit}- G.S. 85B-4(elJ: 
Temporan' Adoption Eff. Jamiarx I. 2000. 

.0804 APPROVAL OF CONTINUING EDUCATION 
INSTRUCTORS 

(a) Approval of course instructors shall be accomplished at 
the time of the approval of the course sponsor. Approval of a 
course instructor authorizes the instructor to teach the course 
only for the approved course sponsor. An approved course 
instructor may not independently conduct a course unless the 
instructor has also obtained approval as a course sponsor. 

(b) An entity seeking original approval as a course sponsor 
must provide the name, address, and qualifications of the 
instructors for the course on the application form prescribed by 
the Board. No additional application fee is required. All 
required information regarding the instructor's qualifications 
must be submitted. 

(c) The applicant must be truthful, honest and of high 
integrity. 

(d) The applicant must be qualified under one or more of the 
following standards: 

( 1) Possession of a baccalaureate or higher degree with a 
major in the field of marketing, finance, or business 
administration. 

(2) Possession of a current North Carolina auctioneer or 
auction firm license, three years active full-time 
experience in auctioneering within the previous ten 
years, and 30 classroom hours of auction education, 
excluding prelicensing education, within the past 
three years, such education covering topics which are 
acceptable under Board rules for continuing education 
credit. 

(3) Possession of a current North Carolina real estate 



broker license, but not a licensed auctioneer or 
auction firm, and experience teaching real estate 
prelicensing and continuing education courses. 

(4) Possession of a license to practice law in North 
Carolina and three years experience in law practice 
within the previous ten years. 

(5) Possession of qualifications found by the Board to be 
equivalent to one or more of the standards set forth in 
this Rule. 

(e) The Board may deny or withdraw approval of any course 
instructor upon finding that: 

(1) The course sponsor or the instructor has made any 
false statements or presented false information in 
connection with an application for approval: 

(2) The instructor has failed to meet the criteria for 
approval described m Paragraph (d) of this Rule or 
has refused or failed to comply with any other 
provisions of this Subchapter: 
The instructor has failed to demonstrate, during the 
teaching of courses, those effective teaching skills 
described in Rule .0817 of this Section; or 



13] 



(4) The instructor has provided false or incorrect 
information in connection with any reports a course 
sponsor is required to submit to the Board. 

(f) If a licensee who is an approved course instructor engages 
in any dishonest, fraudulent or improper conduct in connection 
with the licensee'sactivities as an instructor, the licensee shall be 
subject to disciplinary action pursuant to G.S. 85B-8 and G.S. 
85B-9. 

(g) Upon the written request of the Board, iin approved 
course instructor must submit to the Board a videotape depicting 
the instructor teaching the course. The videotape must have 
been made within 12 months of the dale of submission, must be 
in VHS format, must include a label which clearly identifies the 
instructor and the date of the videotaped presentation. 

(h) An approved instructor who is a licensee of the Board 
shall receive continuing education credit hours for instruction at 
a rate of one hour for every one-half hour ot' approved course 
taught. 

History Note: Authorit}- G.S. 85B-4(elj; 
Temporaiy Adoption Eff. January 1, 2000. 

.0805 SPONSOR REQUIREMENTS 

(a) Any legal entity is eligible to seek approval as a sponsor 
of continuing education courses, provided that the entity seeking 
approval of a course as a continuing education course is either 
the owner of the proprietary rights to the course or has lawfully 
acquired from the course owner the right to seek course approval 
from the Board and to conduct such course. 

(b) The official name to he used by any course sponsor in 
connection with the offering of an approved continuing 
education course must clearly distinguish the sponsor from any 
other previously approved continuing education course sponsor. 
Unless the sponsor is an auction school approved pursuant to 
G.S. 85B-4(d) proposing to operate continuing education 



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courses in jts own name, the official name also must clearly 
distinguish the sponsor from any approved auction school. 
Sponsor applicants proposing to use a sponsor name which does 
not comply with this standard may be required to adopt a 
different name as a condition of approval. 

(c) Any advertisement or promotional material utilized by an 
approved course sponsor must include the course sponsor's 
official name and shall not include any other name for the 
sponsor. 

(d) Prospective sponsors of a course must obtain written 
approval from the Board to conduct such course prior to 
conducting the course and prior to advertising or otherwise 
representing that the course is or may be approved for 
continuing education credit in North Carolina. No retroactive 
approval to conduct a course will be granted for any reason. 

(e) A sponsor of a course must designate one person to serve 
as the continuing education coordinator for all Board-approved 
continuing education courses offered by the sponsor. The 
designated coordinator shall serve as the official contact person 
for the sponsor and shall be responsible for the following: 

(1 ) Supervising the conduct of all the sponsor's Board- 
approved continuing education courses: 

(2) Signing the course completion certificates provided 
by the sponsor to licensees completing courses; and 

(3) Submitting to the Board all required fees, rosters, 
reports and other information. 



the course sponsor shall advise the Board of this matter in 
writing at the time reports verifying completion of continuing 
education for the course are submitted. A sponsor who 
determines that a licensee failed to comply with either the 
Board's attendance or student participation standards shall not 
provide the licensee with a course completion certificate nor 
shall the sponsor include the licensee's name on the reports 
verifying completion of continuing education. 

(e) Notwithstanding the provisions of Paragraphs (a) and (c) 
of thjs Rule, approved course sponsors who are national 
professional trade organizations or national associations of 
licensees and who conduct Board-approved continuing 
education courses out of state shall not be obligated to submit 
reports verifying completion of continuing education courses on 
forms prescribed by the Board, provided that such sponsors 
submit to the Board a roster which includes the names of North 
Carolina licensees who completed the course and who desire 
continuing education credit for the course. A separate roster 
shall be submitted for each class session. Rosters must be 
submitted in a manner which assures receipt by the Board within 
1 5 calendar days following the course. Such sponsors may also 
provide each licensee who completes an approved course a 
sponsor-develop ed course completion certificate in place of a 
certificate on a form prescribed by the Board. Sponsors shall 
provide the certificates to licensees within 15 calendar days 
following the course. 



Histoiy Note: Authority G.S. 85B-4{el): 
Temporan' Adoption Eff. Jamtai'x l_j_ 2000. 



Histoiy Note: Authority G.S. 85B-4(el): 
Temporary Adoption Eff. Januai-\ I. 2000. 



.0806 COURSE COMPLETION REPORTING AND 
FEES 

(a) Course sponsors must prepare and submit to the Board 
reports verifying completion of a continuing education course 
for each licensee who satisfactorily completes the course and 
who desires continuing education credit for the course. Such 
reports shall be completed on forms prescribed by the Board, 
and sponsors will be held accountable for the completeness and 
accuracy of all information on such reports. Sponsors must 
submit these reports to the Board in a manner that will assure 
receipt by the Board within fifteen calendar days following the 
course, but in no case later than May 15 for courses conducted 
prior to that date. 

(b) At the request of the Board, course sponsors must provide 
licensees enrolled m each continuing education course an 
opportunity to complete an evaluation of the course upon 
completion of the course. 

(c) Course sponsors shall provide each licensee who 
satisfactorily completes an approved continuing education 
course a course completion certificate on a form prescribed by 
the Board. Sponsors must provide the certificates to licensees 
within fifteen calendar days following the course, but in no case 
later than May 15 for any course completed prior to that date. 
The certificate is to be retained by the licensee as proof of 
having completed the course. 

(d) When a licensee in attendance at a continuing education 
course does not comply with the student participation standards. 



,0807 CHANGE IN SPONSOR OWNERSHIP AND 
OTHER INFORMATION 

(a) The approval granted to a course sponsor may be 
transferred to a new or different entity only with the advance 
approval of the Board. 

(b) Course sponsors must notify the Board in writing prior to 
any change in business name, continuing education coordinator, 
address or business telephone number. 

(c) Course sponsors must obtain advance approval from the 
Board for any changes to be made [n the content or number of 
hours for courses: provided that changes in course content which 
are solely for the purpose of assuring that information provided 
rn a course is current and accurate do not require approval 
during the approval period, but shall be reported at the time the 
sponsor requests renewal of course approval. Requests for 
approval of changes shall be in writing. 

Histoiy Note: Authority G.S. 85B-4{el); 
Temporan- Adoption Eff. Januan' 1_^ 2000. 



.0808 COURSE RECORDS 

All course sponsors must retain on file for two years records 
of student registration and attendance for each session of a 
continuing education course that is conducted and shall make 
such records available to the Board, or its designee, upon 
request. 



1198 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



-Tlf^ 



TEMPORARY RULES 



History Note: Authority- G.S. 85B-4(el); 
Temporan' Adoption Eff. January 1. 2000. 

.0809 RENEWAL OF COURSE AND SPONSOR 
APPROVAL 

(a) Board approval of aU continuing education course 
sponsors expires on the next June 30 following the date of 
issuance. In order to assure continuous approval, a completed 
renewal application prescribed by the Board, accompanied by 
the prescribed renewal fee, must be submitted to the Board 
annuallv on or before April 30. Any continuing education 
course sponsor's renewal applications and/or renewal fees that 
are not received or that are not complete on or before April 30 
shall not have met the guidelines for renewal and must meet the 
criteria for original approval as set forth in Rule .0804 of this 
Section. 

(b) The fee for renewal of Board approval shall be fifty 
dollars ($50.00) for each course sponsor, provided that no fee is 
required for course sponsors that are exempted from original 
application fees. The fee shall be paid by check payable to the 
North Carolina Auctioneers Commission and is nonrefundable. 



Histoiy Note: Authority G.S. 85B-4(el): 
Temporan' Adoption Eff. January L^ 2000. 

.0810 DENIAL OR WITHDRAWAL OF APPROVAL 

(a) The Board may deny or withdraw approval of any course 
or course sponsor upon finding that: 

(1) The course sponsor has made any false statements or 
presented any false information in connection with an 
application for course or sponsor approval or renewal 
of such approval; 

(2) The course sponsor or any official or instructor in the 
employ of the course sponsor has refused or failed to 
comply with any of the provisions ot" this Rule; 

(3) The course sponsor or any official or instructor in the 
employ of the course sponsor has provided false or 
incorrect information in connection with any reports 
the course sponsor is required to submit to the Board; 

(4) The course sponsor has provided to the Board in 
payment for required fees a check which was returned 
unpaid; 

(5) An instructor in the employ of the course sponsor 
fails to conduct approved courses in a manner that 
demonstrates possession of ttie teaching skills 
described in Rule .08 1 7 of this Section; or 

(6) Any court of competent jurisdiction has found the 
course sponsor or an^ official or instructor in the 
employ of the course sponsor to have violated, in 
connection with the offering of continuing education 
courses, any applicable federal or state law or 
regulation prohibiting discrimination on the basis of 
disability, requiring places of public accommodation 
to be in compliance with prescribed accessibility 
standards, or requiring that courses related to 
licensing or certification for professional or trade 



purposes be offered in a place and manner accessible 

to persons with disabilities, 
(b) If a licensee who is an approved course sponsor or an 
instructor in the employ of an approved course sponsor engages 
in any dishonest, fraudulent or improper conduct in connection 
with the licensee' sactivities as a course sponsor or instructor, the 
licensee shall be subject to disciplinary action pursuant to G.S. 
85B-8 and G.S. 85B-9. 

Histoiy Note: Authority- G.S. 85B-4(el); 
Temporan- Adoption Eff. January 1. 2000. 



.081 1 MINIMUM CLASS SIZE 

The minimum class size for any session of an approved 
continuing education course shall be five students, as determined 
by the sponsor's preregistration records. The minimum class 
size requirement shall not apply to class sessions when the 
sponsor notifies the Board in writing of tlie scheduled class 
session as provided in this Rule and advertises in advance the 
scheduled class session in the general auction community where 
the class session is to be held. A s ponsor who conducts a class 
session for fewer than five students shall submit with the reports 
verifying completion of the course a copy of the advertisement 
for the class session plus a statement or other documentation 
indicating the date of the advertisement and the advertising 
method. 

Histon- Note: Authority- G.S. 85B-4(el): 
Temporan- Adoption Eff. Januan I, 2000. 



.0812 SCHEDULING AND NOTICE OF SCHEDULED 
COURSES 

(a) An hour of creditable instruction is defined as 50 minutes 
of instruction or practical exercise accompanied by a 1 minute 
break. 

(b) Sponsors must provide the Board written notice of all 
scheduled course offerings not later than 10 days prior to a 
scheduled course date. The notice shall include the name of the 
sponsor and, for each scheduled course, the name of the course. 
the scheduled date and time, specific location, and name of the 
instructor(s). 

(c) Sponsors must notify the Board of any schedule changes 
or course cancellations at least five days prior to the original 
scheduled course date. If a last minute change or cancellation is 
necessary due to some unforeseen circumstance, then notice 
shall be provided to the Board as soon as possible. 

Histon- Note: Authority- G.S. 85B-4(el); 
Temporan- Adoption Eff. Januan- I, 2000. 

.0813 ADVERTISING; PROVIDING COURSE 
INFORMATION 

(a) Course sponsors must not utilize advertising of any type 
that is false or misleading in any respect. If the number of 
continuing education credit hours awarded by the Board for an 
approved course is less than the number of scheduled hours for 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1199 



TEMPORARY RULES 



the course, any course advertisement or promotional materials 
which indicate that the course is approved for mandatory 
auctioneer continuing education credit in North Carolina must 
specify the numher ol continuing education credit hours awarded 
by the Board For the course. 

(b) Any flyers, brochures or similar materials utilized to 
promote a continuing education course must clearly describe the 
fee to be charged and the sponsor's cancellation and fee refund 
policies. 

(c) Upon course a pproval, course sponsors may include in 
course descriptions and promotional materials the information 
contained in the following illustration: This course [seminar or 
program] has been approved by the Auctioneer Licensing Board 

for continuing education credit in the amount of hours. This 

course is not sponsored by the Board. 

(d) Course sponsors of any course must, upon request, 
provide any prospective student a description of the course 
content sufficient to give the prospective student a general 
understanding of the instruction to be provided in the course. 



class, including appropriate appearance and physical 
mannerisms. 

(3) The ability to present instruction in a thorough, 
accurate, logical, orderly and understandable manner. 
to utilize illustrative examples as appropriate, and to 
respond appropriately to questions from students. 

(4) The ability to effectively utilize varied instructional 
techniques in addition to straight lecture, such as class 
discussion, role playing or other techniques. 

(5) The ability to effectively utilize instructional aids to 
enhance learning. 

(6) The ability to maintain an appropriate learning 
environment and effective control of a class. 

(7) The ability to interact with adult students in a positive 
manner that encourages students to learn, that 
demonstrates an understanding of varied student 
backgrounds, that avoids offending the sensibilities of 
students, and that avoids personal criticism of any 
other person, agency or organization. 



Histoiy Note: Authority G.S. 85B-4(el): 
Tentporan' Adoption Eff. Jamuirx 1, 2000. 



Histoiy Note: Authority G.S. 85B-4{el}; 
Temporarx Adoption Eff. Januarx 1_^ 2000. 



.0814 CONDUCT OF CLASSES 

(a) All class sessions of approved continuing education 
courses must be open to all licensees on a first-come/first-served 
basis; provided that the sponsor of a course which has a bona 
tide education or experience prerequisite, such as an advanced 
course leading to a special auctioneer designation, may refuse 
admission to a licensee not satisfying such prerequisite. 

(b) Courses not conducted electronically inust be conducted 
in a facility that provides an appropriate learning environment as 
set forth in Rule .0502(e) of thjs Subchapter. 

(c) Upon initially checking in for a class session, sponsors 
and instructors shall require each licensee to provide their 
license number and shall provide each student with a copy of the 
continuing education student information sheet provided to 
sponsors by the Board. 

Histoiy Note: Authority- G.S. 85B-4(el): 
Temporai-x Adoption Eff. Jamiaiy 1, 2000. 



.0816 MONITORING ATTENDANCE 

(a) Sponsors and instructors must strictly monitor attendance 
for the duration of each class session to assure that all students 
reported as satisfactorily completing a course according to these 
Rules have attended at least 90 percent of the scheduled 
classroom hours. Students shall not be admitted to a class 
session after ten percent of the scheduled classroom hours have 
been conducted. Students shall not be allowed to sign a course 
completion card, shall not be issued a course completion 
certificate, and shall not be reported to the Board as having 
completed a course unless the student fully satisfies the 
attendance requirement. Sponsors and instructors may not make 
any exceptions to the attendance requirement for any reason. 

(b) Sponsors must assure that adequate personnel, in addition 
to the instructor, are present during all class sessions to assist the 
instructor in monitoring attendance and performing the 
necessary administrative tasks associated with conducting a 
course. 



.0815 INSTRUCTOR CONDUCT AND 
PERFORMANCE 

(a) Instructors must assure that class sessions are commenced 
in a timely manner and are conducted for the full amount of time 
that is scheduled. Instructors must also assure that each student 
is furnished appropriate student materials. 

(b) Instructors must conduct theinselves in a professional and 
courteous manner when performing their instructional duties and 
must conduct classes in a manner that demonstrates a mastery of 
the following basic teaching skills: 

(1) The ability to communicate effectively through 
speech, including the ability to speak clearly at an 
appropriate rate of speed and with appropriate voice 
inflection, grammar and vocabulary. 
TTie ability to present an effective visual image to a 



(2) 



Histoiy Note: Authority G.S. 85B-4{el); 
Temporan- Adoption Eff. Januai'x 1, 2000. 

.0817 STUDENT PARTICIPATION STANDARDS 

(a) In addition to requiring student compliance with the 
attendance requirement, sponsors and instructors shall require 
that students comply with the following student participation 
standards: 

(1 ) A student shall direct his active attention to the 
instruction being provided and refrain from engaging 
in activities unrelated to the instruction. 

(2) A student shall refrain from engaging in any activities 
which are distracting to other students or the 
instructor, or which otherwise disrupt the orderly 
conduct of a class. 



1200 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



TEMPORARY RULES 



(3) A student shall comply with all instructions provided 
by the sponsor or instructor related to providing 
information needed to properly report completion of 
a course by the student. 

(b) Instructors and sponsors have the authority to dismiss 
from a class session any student who fails to comply with the 
student participation standards prescribed in Paragraph (a) of 
this Rule. 

(c) Sponsors shall not issue a course completion certificate to 
any student who fails to comply with the student participation 
standards set forth in Paragraph (a) of this Rule, nor shall 
sponsors include the name of such student on their reports 
verifying completion of a continuing education course. 
Sponsors shall submit to the Board with their reports for the 
class session a written statement which includes the name and 
license number of the student for whom the sponsor does not 
report course credit, details concerning the student's failure to 
comply with the student participation standards, and names of 
other persons in attendance at the class who witnessed the 
student'sconduct. 

History- Note: Authority G.S. 85B-4(el); 
Temporan' Adoption Eff. Jatmarx I_^ 2000. 



.0818 

(a) 



ADDITIONAL SPONSOR REQUIREMENTS 

Sponsors and instructors may make available for 



purchase by continuing education students materials that belong 
to the sponsor, instructor, or some other party; however, class 
time may not be used to promote or sell any materials or to 
solicit affiliation or membership in any business, organization. 
or association. 



(b) Course sponsors must administer course cancellation and 
fee refund policies in a non-discriminatory manner. In the event 
a scheduled course is canceled, reasonable efforts must be made 
to notify preregistered students of the cancellation and all 
prepaid fees received from such preregistered students must be 
refunded within 30 days of the date of cancellation or. with the 
student' spermission. applied toward the fees for another course. 

(c) Course sponsors shall admit the Board's authorized 
representative to monitor any continuing education class without 
prior notice. Such representative shall not be required to register 
or pay any fee and shall not be reported as having completed the 
course. 



(d) Course sponsors may deviate from these Rules concerning 
the conduct of continuing education courses, such as rules 
addressing classroom facilities, minimum class size and 
instructional methods, as may be necessary in order for the 
sponsor to comply with the Americans with Disabilities Act or 
other laws requiring such sponsors to accommodate persons 
with disabilities. A sponsor providing a special accommodation 
for a licensee with a disability that requires the sponsor to 
deviate from these Rules shall notify the Board in writing of the 
accommodation at the time reports are submitted for the class 
session attended by the licensee. 



History Note: Authority G.S. 85-4(el); 



Temporcu-x Adoption Eff. Januarx I, 2000. 

.0819 ALTERNATIVE COMPLIANCE 

(a) Anauctioneer. apprentice auctioneer, or designated person 
of an auction firm who is unable, for good cause shown, to 
attend a Board-approved course and obtain the requisite hours 
of instruction established by the Board may apply to the Board 
for alternative compliance. 

(b) An application for alternative compliance shall be on a 
form provided by the Board. 

(c) An application for alternative compliance shall be 
received by the Board by May 15 of the year \n which the 
requisite hours of instruction are to be completed. If approved, 
the course of instruction shall be completed prior to license 
renewal and shall be exempt from the late fee. 

(d) Alternative compliance shall include, but shall not be 
limited to: 

(1 ) Academic courses at a comm.unity college, junior 
college, or college or university located m this State 
and accredited by the Southern Association of 
Colleges and Schools in any of the following topics: 

(A) Accounting 

(B) Finance 

(C) Business Management 

(D) Business Law 

(E) Economics 

(F) Marketing 

(G) Computer Science 
(H) Sales 

(I) Enhancing Personal or Professional Skills 
Completion of any non-real estate appraisal course 
and certification; and 

Publication of an article in a recognized professional 
journal. 

(e) Credit hours to be awarded shall be in the discretion of the 
Board. 

Histoiy Note: Authority G.S. 85B-4(el); 
Temporar\ Adoption Eff. Januarx l_^ 2000. 



12] 
(3) 



TITLE 23 - DEPARTMENT OF 
COMMUNITY COLLEGES 

Rule-making Agency: NC State Board of Community Colleges 

Rule Citation: 23 NCAC 2E .0205 

Effective Date: December 6. 1999 

Findings Reviewed by Beecher R. Gray: Approved 

Authority for the rule-making: G.S. 1150-5. 115D-31.3. 
1999 S.L., c. 237 s. 9.2. 1993 S.L.. c. 321; 1995 S.L.. c. 625 

Reason for Proposed Action: Pursuant to 1999 S.L. c. 237. s. 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1201 



TEMPORARY RULES 



9.2. the State Board of Community Colleges is required to 
establish new accountability measures and performance 
standards for petforrnance budgeting in the community college 
system. Beginning with the 2000-2001 fiscal year, colleges 
meeting these standards may carry fonvard funds. Also, 
beginning with the 2001 academic year colleges are required to 
publish their peiformance on these measures in their catalogs. 
V/e need this rule in effect immediately so that the colleges will 
have sufficient experience and ample time to implement these 
measures prior to the 2000-2001 fiscal year and the 2001 
academic year. 

Comment Procedures: Written comments may be sent to Clay 
T. Mines. North Carolina Community Colleges System. 5004 
MailSenice Center. Raleigh. NC 27699-5004. 

CHAPTER 2 - COMMUNITY COLLEGES 

SUBCHAPTER 2E - EDUCATIONAL PROGRAMS 

SECTION .0200 - CURRICULUM PROGRAMS 

.0205 PROGRAM REVIEW 

(a) Each college shall monitor the quality and viability of all 
its programs and services. Each curriculum program, each 
program area within continuing education, including Basic 
Skills, occupational extension, and community service, and each 
service area shall be reviewed at least every five years to 
determine program strengths and weaknesses and to identify 
areas for program improvement. The program review process 
shall be consistent with the requirements of the regional 
accrediting agency , and occu p ational extension prog r am shall be 
r eviewed an n ually. Colleges shall provide informatio n to the 
Depar t ment of Com m unity Colleges on program enrollment; 
co s t; stude n t progress, achievement and outcomes; and employe r 
satisfac t io n . 

(b) Each college shall submit data to the System Office on the 
performance measures related to the following outcomes: 
progress of Basic Skills students; performance of college 
transfer students; passing rates on licensure and certification 
examinations; success of developmental studies students; 
curriculum student success; and employer satisfaction. Each 
college shall publish its data on all performance measures in its 
catalog, beginning with catalogs published after April 200 1 . 
Associate in Applied Science, diploma and certificate programs 
shall meet t he follow ing standa r ds fo r performance : 

t¥) the standard required by a n o utside lice n su r e or 

acc r editing agency fo r passing rates on licensu r e o r 



cer t ification examinations, where appl i ca b le; a n d 

tT) a satisfacto r y level on at least fiv e of the following 

eight required e le m e n ts : 



(At- 



3llmen t of a t 



a tn r ee yea r ann u al average enrolimen i o i 
least 10 students, unduplicated headcount; 



(Bi student goal accomplishment for prog r am 

completion; 
(C) student goal accomplishment for othe r student 

goals; 

(&) pr og r am com p l e te r satisfaction with p r og r am; 

iE) earl y leave r satisfac t io n with p r og r am ; 

fE) program completer employme n t rate; 

e ar ly leave r employment rate ; 

employer satisfaction. 
Tlie perfoiiiiance level on Parts (b)(2)(D) thr o ugh (b)(2)(H) of 
this Rule shall be n o mo r e than 15 pe r ce n t below the system 






: o n ducted 



average and shall be determined by a n an nu al s ur vey c c 

by each college based on a standa r d set of questio n s developed 

by the Department of Community Colleges. 

(c) The System Office shall report annually to the State Board 
of Community Colleges on these performance measures . The 
Associate in Arts, Associate in Scie n ce, and Associate in Fine 
Alls degree programs' performance le v el shall be no more than 
1 5 percent below the system ave r age grade point ave r age ea r ned 



after 



• two semesters in a four-yea r i n sti t ution for students who 
comple t ed 6 or more semester credit hours at the community 
college. 

(d) The System Office shall monitor the colleges' 
performance on all measures and ensure that all measures are 
being used for the purpose of program improvement. Programs 
which do n ot meet these standards shall b e subject to further 
re view to document tempo r ai - y or permanent conditions which 
shall be taken into account to justify offering the program. If 
further review fails to p r ovide a justification for th e program or 
to lead to improvement so that the prog r am meets the standards, 
the program shall be terminated . 

Note: Substance offonner 23 NCA C 2C .0604 was incorporated 
into this Rule. 

Histoiy Note: Authority- G.S. 1I5D-5: 115D-31.3. 1999 S.L. 

c. 237. s. 9.2, 1993 S.L, c. 321, s. 109: S.L 1995. c. 625: 

Eff. Februaiy I, 1990: 

Amended Eff, August 1, 1995; September 1. 1993: 

Temporary Amendment Eff. June 1, 1997: 

AmendedEff.July 1. 1998: 

Temporary Amendment Eff. December 6^ 1999. 



1202 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



RULES REVIEW COMMISSION 



) 



This Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. January 20, 2000. 10:00 
a.m. . at 1 307 Glenwood Ave., Assembly Room, Raleigh, NC. Anyone wishing to submit written comment on any rule before 
the Commission should submit those comments to the RRC staff, the agency, and the individual Commissioners by Friday. 
January 13, 2000, at 5:00 p.m. Specific instructions and addresses may be obtained from the Rules Review Commission at 
9 1 9-733-272 1 . Anyone wishing to address the Commission should notify the RRC staff and the agency at least 24 hours prior 
to the meetino. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood. Vice Chairman 
John Arrowood 

Laura Devan 

Jim Funderburke 

David Twiddy 



Appointed by House 

Paul Powell, Chairman 

Walter Futch 

Jennie J. Hayman 

George Robinson 



R. 



Palmer Sugg 



RULES REVIEW COMMISSION MEETING DATES 



January 20, 2000 
February 17,2000 



March 16,2000 
April 13,2000 



LOG OF FILINGS 
RULES SUBMITTED: NOVEMBER 20, 1999 THROUGH DECEMBER 20, 1999 



► 



AGENCVmrVISION RULE NAME RULE CITATION 


ACTION 


CULTURAL RESOURCES, DEPARTMENT OF/NC HISTORICAL COMMISSION 




Statement of Purpose 


7 


NCAC4S.0101 


Amend 


Visiting Hours 


7 


NCAC4S.0102 


Amend 


Admission Prices 


7 


NCAC4S.0103 


Amend 


Visitation Rules 


7 


NCAC4S.0104 


Amend 


Use of the Auditorium 


7 


NCAC4S.0105 


Amend 


Research 


7 


NCAC4S.0106 


Amend 


Audiovisual Aids 


7 


NCAC4S.0107 


Amend 


Photographic Services 


7 


NCAC4S.0108 


Amend 


Acquisition of Artifacts 


7 


NCAC4S.0109 


Amend 


Operation 


7 


NCAC4S.01I0 


Amend 


DEPARTMENT OF INSURANCE 








Contents of Full Application 




NCAC6B .0201 


Repeal 


Modification of Application 




NCAC 6B .0202 


Repeal 


Duration of Initial Certificate 




NCAC 6B ,0203 


Repeal 


Application for Renewal of Certificate 




NCAC 6B .0204 


Repeal 


Renewal Certificate of Registration 




NCAC 6B .0205 


Repeal 


Financial Statements 




NCAC 6B .0301 


Repeal 


Determination of Financial Responsibility 




NCAC 6B .0302 


Repeal 


Financial Information Public Records 




NCAC 6B .0303 


Repeal 


Surety Bond Issued by Licensed Company 




NCAC 6B .0304 


Repeal 


Service Contracts w/Insurance Companies 




NCAC 6B .0401 


Repeal 


Adjusting Claims by Administrators 




NCAC 6B .0402 


Repeal 


Violations: Penalties 




NCAC 6B .0403 


Repeal 


Definitions 




NCAC 6B .0404 


Repeal 


Payment of Claims 




NCAC 6B .0405 


Repeal 


Bank Credit Card Facility 




NCAC 12,0308 


Repeal 


Use of Credit Cards Prohibited 




NCAC 13.0406 


Repeal 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1203 



RULES REVIEW COMMISSION 



DENR/ENVIRONMENTAL MANAGEMENT COMMISSION 








Outstanding Resource Waters 


15 


NCAC 2B .0225 


Amend 


Neuse River Basin 


15 


NCAC 2B .0233 


Adopt 


Neuse River Basin 


15 


NCAC 2B .0241 


Adopt 


Neuse River Basin 


15 


NCAC 2B .0242 


Adopt 


Tar-Pamlico River Basin 


15 


NCAC 2B .0259 


Adopt 


Tar-Pamlico River Basin 


15 


NCAC 2B .0260 


Adopt 


Tar-Pamlico River Basin 


15 


NCAC 2B .0261 


Adopt 


Little Tennessee River Basin 


15 


NCAC 2B .0303 


Amend 


French Broad River Basin 


15 


NCAC 2B .0304 


Amend 


Broad River Basin 


15 


NCAC 2B .0306 


Amend 


Catawba River Basin 


15 


NCAC 2B .0308 


Amend 


Lumber River Basin 


15 


NCAC 2B .0310 


Amend 


Pasquotank River Basin 


15 


NCAC 2B .03 1 7 


Amend 


Control of Conical Incinerators 


15 


NCAC 2D .0523 


Repeal 


Definitions 


15 


NCAC 2D. 1202 


Amend 


Hazardous Waste Incinerators 


15 


NCAC 2D. 1203 


Amend 


Sewage Sludge and Sludge Incinerators 


15 


NCAC 2D. 1204 


Amend 


Municipal Waste Combustors 


15 


NCAC 2D. 1205 


Amend 


Hosp/Med/Infectious Waste Incinerators 


15 


NCAC 2D. 1206 


Amend 


Conical Incinerators 


15 


NCAC 2D. 1207 


Amend 


Other Incinerators 


15 


NCAC 2D. 1208 


Amend 


Compliance Schedules 


15 


NCAC 2D. 1209 


Repeal 


Activities Exempted-Permit Requirements 


15 


NCAC 2Q .0102 


Amend 


Activities Exempted-Permit Requirements 


15 


NCAC 2Q .0102 


Amend 


Definitions 


15 


NCAC 2Q .0103 


Amend 


Definitions 


15 


NCAC 2Q .0202 


Amend 


Permits Requiring Public Participation 


15 


NCAC 2Q .0306 


Amend 


Applicability 


15 


NCAC 2Q .0502 


Amend 


Definitions 


15 


NCAC 2Q .0503 


Amend 


Application 


15 


NCAC 2Q .0507 


Amend 


Permit Content 


15 


NCAC 2Q .0508 


Amend 


Exemptions 


15 


NCAC 2Q .0702 


Amend 


DENR/COASTAL RESOURCES COMMISSION 








Permit Fee 


15 


NCAC7H.1103 


Amend 


Permit Fee 


15 


NCAC 7H. 1203 


Amend 


Permit Fee 


15 


NCAC 7H. 1303 


Amend 


Permit Fee 


15 


NCAC7H.I403 


Amend 


Application Fee 


15 


NCAC7H.1503 


Amend 


Permit Fee 


15 


NCAC7H.1603 


Amend 


Permit Fee 


15 


NCAC 7H. 1803 


Amend 


Permit Fee 


15 


NCAC 7H. 1903 


Amend 


Permit Fee 


15 


NCAC 7H .2003 


Amend 


Permit Fee 


15 


NCAC 7H .2103 


Amend 


Permit Fee 


15 


NCAC 7H .2203 


Amend 


Permit Fee 


15 


NCAC 7H .2303 


Amend 


Processing the Application 


15 


NCAC 7J .0204 


Amend 


Development Period Extension 


15 


NCAC 7J .0404 


Amend 


Permit Modification 


15 


NCAC 7J .0405 


Amend 


Permit Issuance and Transfer 


15 


NCAC 7J .0406 


Amend 


Eligible Applicants/Grant Sel Criteria 


15 


NCAC 7M .0307 


Amend 


Declaration of General Policy 


15 


NCAC 7M .0401 


Amend 


Definitions 


15 


NCAC 7M .0402 


Amend 


Policy Statements 


15 


NCAC 7M .0403 


Amend 


SECRETARY OF STATE 








Notice Filing Procedures for Offerings 


18 


NCAC 6. 1212 


Amend 


Securities Registration and Filing Fees 


18 


NCAC 6. 1304 


Amend 



1204 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



RULES REVIEW COMMISSION 



18 NCAC6.1502 



\ 



Application to Exchange Securities 
STATE BOARDS/DENTAL EXAMINERS, BOARD OF 

Functions Which May Be Delegated 21 

Functions Which Shall not be Delegated 21 
Procedures Prohibited 21 

Dental Assistant II 21 

Approved Education & Training Programs 21 NCAC 
Gen Permitted Functions-Dental Asst I 21 NCAC 
Specific Permitted Functions 21 

Permitted Functions of Dental Assistant II 2 1 
Gen Prohibited Functions of Dental Assts 21 
Spec Prohibited Functions of Dental Assts 21 
Credentials and Permit 21 

Equipment 21 

Sedation Credentials and Permit 21 

Equipment 21 

Definition 21 

Definition 21 

STATE BOARDS/NC BOARD OF PHYSICAL THERAPY EXAMINERS 



NCAC 
NCAC 
NCAC 
NCAC 



NCAC 
NCAC 
NCAC 
NCAC 
NCAC 
NCAC 
NCAC 
NCAC 
NCAC 
NCAC 



16G.0101 
16G.0102 
16G.0103 
16H.0103 
16H .0104 
16H.0201 
16H.0202 
16H .0203 
16H.0204 
16H.0205 
16Q.0201 
16Q.0202 
16Q.0301 
16Q.0302 
16V .0101 
16V .0102 



Fees 
N C STATE BOARD OF COMMUNITY COLLEGES 

Mission-Community College System 
Donated Property 
Acquisition of Equipment 
Noncertified Source Purchases 



21 NCAC 48F .0102 



23 NCAC 
23 NCAC 
23 NCAC 
23 NCAC 



2B .0104 
2C .0503 
2C .0504 
2C .0505 



Amend 

Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 
Amend 

Amend 

Amend 
Adopt 
Adopt 
Adopt 



► 



RULES REVIEW COMMISSION 

December 16, 1999 
MINUTES 



The Rules Review Commission met on December 16, 1999, in the Assembly Room of the Methodist Building, 1307 Glen wood 
Avenue, Raleigh, North Carolina. Commissioners in attendance were Chairman Teresa Smallwood, Jennie J. Hayman, Walter Futch, 
Paul Powell, Jim R. Funderburk, Palmer Sugg, John Arrowood, Laura Devan, David R. Twiddy, and George Robinson. 

Staff members present were: Joseph J. DeLuca, Staff Director; Bobby Bryan, Rules Review Specialist; and Sandy Webster. 

The following people attended: 



Baruch A. Fellner 
Marge Howell 
Becky Brown 
Dedra Alston 
Tom West 
Leslie Bevacqua 
Butch Gunnells 
Joy Mayo 
Charles Jones 
Jessica Gill 
Bill Crowell 
James Rosich 
Hazel Chavis 
Bobby Lowe 
Vega George 
Amy Simes 



UPS 
LABOR 
LABOR 
DENR 

Poyner and Spruill 

N C Citizens for Business & Industry 

N C Soft Drink Association 

Womble Carlyle 

DENR/Coastal Management 

DENR/Coastal Management 

DENR/Coastal Management 

DENR/Coastal Management 

CAT 

DENP/DWQ 

DENR/DWQ 

DENR/DWQ 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1205 



HMJ3,MJXJtM 



RULES REVIEW COMMISSION 



Juanita Gaskill 

George Hurst 

Jerry Perkins 

Janice Fain 

Thomas Allen 

Ryke Longest 

Julie Campbell 

Frank Crawly 

Henry Jones 

Andy Ellen 

Fran Preston 

Lauren Steele 

Shirley Bullard 

Renee Myatt 

Kathleen Sherman Clancy 

Tom O'Conner 

Joe Wiggs 

Sabrina Jones 

Leanne Winner 

James Andrews 

Tim Childen 

Wayne Bumgardner 

Dave Masters 

White Watkins 

Perri Morgan 

Harry Payne 

Angela Waldorf 

Mike Lynch 

Bob Andrews 

Jessica Miles 

Bob Midgette 

James McGuire 

Sarah Meacham 

Leanne Winner 

Tim Devinney 

Mike Okun 

Robin Smith 

Ronald Raxter 

Jackie Stalnaker 

Jackie Sheppard 

APPROVAL OF MINUTES 



DENR/Marine Fisheries Commission 

Attorney General 

DENR/DWS 

DHHS/DCD 

DENR/DAQ 

Attorney General 

NC Citizens for Business and Industry 

Attorney General 

Attorney 

N C Retail Merchants Association 

N C Retail Merchants Association 

Coca-Cola 

DHHS/Public Housing 

DHHS 

Attorney 

NCOSH 

Cape Fear Pilots Association 

News and Observer 

N C School Board Association 

AFL-CIO 

LABOR/OSHA 

Bernhardt Furniture 

Thomasville Furniture 

American Furniture 

National Federation Individual Business 

LABOR 

LABOR 

RDU Airport 

LABOR 

DENR/Public Water Supply 

DENI^/Public Water Supply 

DENR/Public Water Supply 

Attorney General 

N C School Board Association 

Glaxo-Wellcome 

N C State AFL 

DENR 

Sanford Holshouser 

DHHSA'ocational Rehabilitation 

DHHS/DFS 



The meeting was called to order at 10:01 a.m. with Chairman Smallwood presiding. She asked for any discussion, comments, or 
corrections concerning the minutes of the November 17, 1999 meeting. There being none, the minutes were approved. 

FOLLOW-UP MATTERS 

2 NCAC 52B .0207 and .0302: AGRICULTURE/Board of Agriculture - No action was necessary on these rules. 

2 NCAC 32E .0209: AGRICULTURE/Board of Agriculture - No action was necessary on this rule. 

4 NCAC 3L .0701 : COMMERCE/Banking Commission - The agency requested that the rule be returned to them. The rule was 
subsequently returned. 

10 NCAC 3R .6234: DHHS/Division of Facility Services - The rewritten rule submitted by the agency was approved by the 
Commission. 



1206 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



RULES REVIEW COMMISSION 



10 NCAC 3S .1101, .1203, .1207, .1301, .1601, .1802, and .2001: DHHS/Di vision of Facility Services - The rewritten rules 
submitted by the agency were approved by the Commission with the exception of .1207 which was returned to the agency and its 
request. 

13 NCAC 7F .0601, .0602, .0603, .0604, .0605, and .0606: DEPARTMENT OF LABOR - The Commission objected to these rules 
due to lack of statutory authority. Session Law 1999-395, Section 19.1(a) prohibits the use of funds appropriated to the Department 
of Labor for the 1999-2000 fiscal year or the 2000-2001 fiscal year to implement an ergonomics standard. The Commission found 
that the act of adopting these rules and taking other steps to put them into place involves using funds to implement the standard in 
violation of that provision. There is thus no authority to do so. Commissioner Hayman recused herself from these rules and 
Commissioners Smallwood and Arrowood voted not to object to the rules. 

15A NCAC 2D .0541, .1801, and .1802: DENR/Environmental Management Commission- The rewritten rules submitted by the 
agency were approved by the Commission. 

15A NCAC 31 .0117: DENR/Marine Fisheries Commission - The repeal was approved by the Commission. 

1 5 A NCAC 1 6A . 1 1 04 - DHHS/Commission for Health Services - At the request of the agency no action was taken on this rule until 
the January meeting. 

21 NCAC 1 .0101; N C Acupuncture Licensing Board - No response was received from the agency. 

LOG OF FILINGS 

Chairman Smallwood presided over the review of the log and all rules were approved with the following exceptions: 

4 NCAC 15 .0120: COMMERCE/Cape Fear River Navigation & Pilotage Commission - The Commission objected to this rule due 
to lack of statutory authority. The added sentence is not consistent with G.S. 76A-5(c) which requires the Commission to renew each 
license if the holder has complied with the statutes and rules. This applies to limited licenses as well as full licenses. 

4 NCAC 15 .0121 : COMMERCE/Cape Fear River Navigation & Pilotage Commission - The Commission objected to this rule due 
to lack of statutory authority and ambiguity. In (a)( 1 ), it is not clear what constitutes "satisfactory" evidence of graduation. It is also 
not clear what is meant by "accredited" college or university. In (a)(2), it is not clear what is meant by "good moral character." There 
is the same issue in (g)(3). In (a)(3), (4), (5), (6), and (8) also, it is not clear what constitutes "satisfactory" evidence. In (a)(5), it 
is not clear what constitutes "good natural hearing." In (a)(8), there is no authority to require evidence of physical and mental 
qualifications that have not been adopted as rules. There is no authority for the provision in (b) requiring a majority vote of the 
association for an apprentice to be licensed. There is no authority for the Commission to set requirements outside rulemaking as (c)( 8 ) 
implies. In addition, the requirements are to me set by the Commission, not the association. There is no authority for the provision 
in (e) requiring the recommendation by the association for the issuance of a limited license or additional limited licenses. There is 
also not authority for the time limitation. In (0, it is not clear what is meant by "satisfactory" progress. There is no authority for the 
provision in (g)(4) requiring the recommendation of the association to be appointed as a pilot. In (g)(6), it is not clear what constitutes 
"immediate family." 

10 NCAC 3R .0212: DHHS/Division of Facility Services - The Commission objected to this rule due to lack of statutory authority. 
There is no authority for the provision in (g) setting additional limitations on contested case proceedings beyond those found in the 
Administrative Procedure Act, other statutes, or rules adopted by the Office of Administrative Hearings to implement the APA. 
10 NCAC 3U .0102: DHHS/Child Care Commission - The Commission objected to this rule due to lack of statutory authority. There 
is no authority for the agency to establish occupational qualifications for basic school age care trainers as the rule does in (5) and (6). 

10 NCAC 3U .2510: DHHS/Child Care Commission - The Commission objected to this rule due to ambiguity. In (k)(l ), it is not 
clear what other life saving certificate issuing entities will be approved by the division. 

15A NCAC IJ .0402: DENR - The Commission objected to this rule due to ambiguity. In (b)(3), it is not clear what constitutes 
"significantly" contributes to the implementation of the plan. 

15A NCAC IJ .0504: DENR - The Commission objected to this rule due to ambiguity. In (1 ) and (2), it is not clear what constitutes 



14:13 NORTH CAROLINA REGISTER January 4, 2000 1207 



RULES REVIEW COMMISSION 



an "acceptable" sewer use ordinance. The final sentence in the rule is unclear. Either an applicant is entitled to the points or he is 
not. There is no provision for partial value plus both items are either done or not done. The only question is whether to assign points, 
not how many to assign. 

15ANCAC IJ .0604: DENR - The Commission objected to this rule due to ambiguity. In (1) and (2), it is not clear what constitutes 
an "acceptable" sewer use ordinance. The final sentence in the rule is unclear. Either an applicant is entitled to the points or he is 
not. There is no provision for partial value plus both items are either done or not done. The only question is whether to assign points, 
not how many to assign. 

15A NCAC IJ .0701: DENR - The Commission objected to this rule due to ambiguity. In (2)(a), (b), (c), (d), and (e), each item 
begins by saying that a maximum number of points shall be awarded. Then items are listed under them which either are, or are not, 
met. Logically, the project would get all points or none, which is also what an earlier rule states will happen. If a fewer number of 
points can be awarded, it is not clear what standards the agency will use in awarding them. 

15A NCAC IJ .0903: DENR - The Commission objected to this rule due to ambiguity. In (1), it is not clear what standards the 
receiving agency is to use to approve loan commitment decreases. In (2), it is not clear what standards the receiving agency is to use 
to approve increases greater than 10% of the loan commitment. 

15ANCAC 1L.0503: DENR - The Commission objected to this rule due to ambiguity. In ( l)and(2), it is not clear what constitutes 
"acceptable" sewer use ordinance. The final sentence in the rule is also unclear. Either an applicant is entitled to the points or he is 
not. There is no provision for partial value plus both items are either done or not done. The only question is whether to assign points, 
not how many to assign. 

1 5A NCAC 1 L .0604: DENR - The Commission objected to this rule due to ambiguity. In ( 1 ) and (2), it is not clear what constitutes 
"acceptable" sewer use ordinance. The final sentence in the rule is also unclear. Either an applicant is entitled to the points or he is 
not. TTiere is no provision for partial value plus both items are either done or not done. The only question is whether to assign points, 
not how many to assign. 

I5A NCAC IL .0701: DENR - The Commission objected to this rule due to ambiguity. In (2)(a), (b). (c), (d), and (e), each item 
begins by saying that a maximum number of points shall be awarded. Then items are listed under them which either are, or are not, 
met. Logically, the project would get all points or none, which is also what an earlier rule states will happen. If a fewer number of 
points can be awarded, it is not clear what standards the agency will use in awarding them. 

15A NCAC IL .1003: DENR - The Commission objected to this rule due to ambiguity. In (1), it is not clear what standards the 
receiving agency is to use to approve loan commitment decreases. In (3), it is not clear what standards the receiving agency is to use 
to approve increases greater than 10% of the loan commitment. 

15A NCAC 31 .0106: DENR/Marine Fisheries Commission - The Commission objected to this rule due to ambiguity. In (a), it is 
not clear what is meant by "significant" adverse effect. 

15A NCAC 30 .0101 : DENR/Marine Fisheries Commission - The Commission objected to this rule due to ambiguity. In the added 
portion of (a)(5), it is not clear what is meant by "incorporation of an individual fishing vessel." While a corporation may own a 
vessel, the vessel itself cannot be the corporation. 

ISA NCAC 30 .0404: DENR/Marine Fisheries Commission - The Commission objected to this rule due to ambiguity. IN (\)(a), 
(b), and (f), it is not clear what is meant by "significant" involvement. 

ISA NCAC 7H .0209: DENR/Coastal Resources Commission - The Commission objected to this rule due to ambiguity. In (d), it 
is not clear what the sentence "Every effort shall be made to conserve these shorelines and their vital components" requires or from 
whom. In (d)(4)(B), it is not clear what is meant by "adequate" erosion control devices or structures. In (d)(5), it is not clear what 
is meant by "significant" adverse impact. In (d)(6), it is not clear what is meant by "significantly" interfere. In (d)(7), it is not clear 
what is meant by "major" public facility or "extraordinary" public expenditures. In (d)(8), it is not clear what is meant by "major" 
damage or "valuable documented historic architectural or archeological resources." In (g)(2)(B), it is not clear what is meant by 
"substantial" financial resources. 

COMMISSION PROCEDURES AND OTHER MATTERS 



1208 NORTH CAROLINA REGISTER January 4, 2000 14:13 



RULES REVIEW COMMISSION 



Mr. DeLuca informed the Commission that the Auditor's Office had notified us that we were being audited again this year. 
Commissioner Futch asiced if the disaster relief reserve in the budget was a new item. He was informed that it was and that our office 
would be appealing the amount to be taken from our budget. 



The next meeting will be on Thursday, January 20, 2000. 

The meeting adjourned at 1 :20 p.m. 

Respectfully submitted, 
Sandy Webster 



14:13 NORTH CAROLINA REGISTER January 4, 2000 1209 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an index 
to all recent contested cases decisions which are filed under North Carolina 's Administrative Procedure Act. Copies of the 
decisions listed in the index and not published are available upon request for a minimal charge by contacting the Office of 
Administrative Hearings. (919) 733-2698. Also, the Contested Case Decisions are available on the Internet at the following 
address: http://www.state.nc.us/OAH/liearings/decision/caseindex.htm. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 

JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LAW JUDGES 



Sammie Chess Jr. 
Beecher R. Gray 
Melissa Owens 



Meg Scott Phipps 

Robert Roosevelt Reilly Jr. 

Beryl E. Wade 



ACENCY 

ADMINISTRATION 

Bnlthaven, Inc. v. Department of Adtninistration 

and 
Pnva-Trends. Inc. 
Laidlaw Transit Svcs. Inc. v. Katie G. Dorsett, Sec'y/Dept/Administrauon 99 DOA 0102 

OFFICE OF ADMINISTRATIVE HEARINGS 

Ted Murrell. Zam, Inc. v. Office of Administrative Hearings 
Samuel Lee Ferguson v. Office of Administrative Heanngs 

AGRICULTURE 

Archie McLean v. Department of Agnculture 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Alcoholic Beverage Control Commission v. Keyland. Inc.. T/A Cloud 9 
Alcoholic Beverage Control Commission v. Food Lion. Inc., Store #1351 
Alcoholic Beverage Control Commission v. Stop I. Inc, T/A Stop I Grocery 
Alcoholic Beverage Control Commission v. George Steven Everett 

t/a Casino Snooks Place 
Alcoholic Beverage Control Commission v. Beech Mountain Resort. Inc. 
Alcoholic Bev. Control Comm.v. Parmership T/A Merinaid Rest. & Lge. 
Alcoholic Beverage Control Commission v. Jaeson Nyung Kim 
Alcoholic Beverage Control Commission v. Lillian Sarah Clary 
Alcoholic Beverage Control Commission v. Circle K Stores, Inc.. T/A 

Circle K #8.V'i7 
Alcoholic Beverage Control Cotnmission v. Vnus Enterpnces. LLC, 

t/a Rendez Vous Club & City of Charlotte 
-Alcoholic Beverage Control Commission v. Mohammad Salim Pirani 
Alcoholic Beverage Control Commission v. Creek Lounge. Inc. t/a 

Creek Lounge 

Delores Ann Holley v. Alcoholic Beverage Control Commission 
Alcoholic Beverage Control Commission v. Partnership T/A 

Corrothers Community Center/Pnvate Club 



CRIME CONTROL AND PUBLIC SAFETY 

Ray Anthony Breeding v. Crime Control & Public Safety 
John Ray Webb v. Cnine Victims Compensation Commission 
Sarene Franklin Holloway v. Cnme Victims Compensation Comm. 



CASE 




NUMBER 


ALJ 


98 DOA 08 1 1 


Chess 


99 DOA 0102 


Morrison 


99 OAH 066.5 


Chess 


99OAH0718 


Chess 


98 DAG 1770 


Reilly 


98 ABC 1099 


Overby 


98 ABC 1270 


Gray 


98 ABC 1337 


Phipps 


98 ABC 1546 


Reilly 


99 ABC 0287 


Reilly 


99 ABC 0367 


Chess 


99 ABC 0407 


Morrison 


99 ABC 0615 


Phipps 


99 ABC 0656 


Gray 


99 ABC 0684 


Morgan 


99 ABC 0780 


Momson 


99 ABC 0820 


Morgan 


99 ABC 0876 


Gray 


99 ABC 0986 


Lassiter 



DATE OF 
DECISION 



06/10/99 



06/11/99 



07/14/99 
07/16/99 



07/12/99 



01/17/99 
03/31/99 
09/29/99 
10/19/99 

08/11/99 
09/17/99 
07/09/99 
09/01/99 

1 1/29/99 
10/15/99 

09/21/99 
10/13/99 

08/10/99 
1 1/03/99 



PUBLISHED DECISION 
RECilSTER CITATION 



14:02 NCR 115 



14:04 NCR 349 



14:04 NCR .M7 



93 CPS 0695 


Gray 


09/13/99 


95CPS 1353 


Gray 


09/13/99 


97 CPS 1172 


Chess 


10/12/99 



I2I0 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



CONTESTED CASE DECISIONS 



AGENCY 

Paul Richard Mull v. Crime Victims Compensation Commission 
Coradene Mayhand v. Cnme Victims Compensation Commission 
Edna Cair v. Crime Victims Compensation Commission 
Eric Charies Williams v. Crime Control & Public Safety, Div. of 

State Highway Patrol 
Bobby Mills v. Crime Victims Compensation Commission 
William Samuel McCraw v. Cnme Victims Compensation Commission 
Anson D. Looney v. Crime Victims Compensation Commission 
Elvin Williams, Jr. v. Crime Victims Compensation Commission 
Michael Anthony Powell v. Crime Victims Compensation Commission 
Mary Elizabeth Peoples Hogan v. Crime Victims Compensation Comm. 
Lemuel Ray Jenkins v. Crime Victims Compensation Commission 
Annabel! B. McCormick v. Crime Victims Compensation Commission 

ENVIRONMENT AND NATURAL RESOURCES 

R.J. Reynolds Tobacco Co. v. Dept. of Environment & Natural Resources 

T. Famell Shingleton v. Environment and Natural Resources 

T. Famell Shingleton v. Environinent and Natural Resources 

Town of Maysville v. Environment and Natural Resources 

Willie Setzer v. Department of Environment & Natural Resources 

Charles H. Jordan v. Brunswick County Health Department 

Jerry Franks and John Schifano. et. al. v. Environment & Natural Resources 

and Wake County Board of Commissioners 
Jerry Franks and John Schifano. et. al. v. Environment & Natural Resources 

and Wake County Board of Commissioners 
James P. and Irene P. Wilson v. Cleveland Co. Health & Sanitary 
Deep River Citizens' Coalition, Amencan Canoe Assoc, Inc., and Deep 

River Coalition, Inc. v. Department of Env. & Natural Resources 
Deep River Citizens' Coalition, American Canoe Assoc., Inc., and Deep 

River Coalition, Inc. v. City of Greensboro, Piedmont Triad Regional 

Water Authority 
Mazzella's Restaurant, Peter D. Mazzella v. Carteret County Env. Health 
Roadway E.xpress v. Department of Environment and Natural Resources 
John W. Venable v. Department of Environment and Natural Resources 
Shell Island Homeowners' Association v. DENR, Div. of Env. Health 
Gail S. Barfield v. Department of Environment and Natural Resources 
Richard E. Day v. Division of Coastal Management 
Ronald L. Walker, Sr., v. Environmental Health Ala County 
Clifford Myers v. Montgomery County Health Department 
Deloris B. Wooten v. Pitt County Dept. of Environmental Health 

Division of Air Quality 

Neighbors Against The Cullasaja Asphalt Plant & Blue Ridge Env. 
Defense League, Inc. v. Dept of Env & Natural Resources and Rhodes 
Brothers Paving, Inc. and Carolina Asphalt Pavement Association 

Tertance W. Bache, Pres., Terhane Group, Inc. v. DENR, Div/ Air Quality 

XVIII Airborne Corps & Fort Bragg, Dept. of the Army, USA v. 
Environment and Natural Resources, Div. of Air Quahty 

J.D. Owen v. Environment and Natural Resources, Div. of Air Quality 

Environmental Management 

Allen Raynor v. Environmental Management Commission 

Division of Land Resources 

Buel B. Barker, Jr. and Hubbard Realty of Winston-Salem, a NC Corp., 

joindy and severally v. DENR, Div. of Land Resources 
T.B. Powell, Inc. v. DENR, Division of Land Resources 
Ronald G. Smith v. DENR, Division of Land Resources 

Division of Marine Fisheries 

Alton Chadwick v. Division of Manne Fishenes 

Division of Water Quality 

York Oil Company v. DENR, Division of Water Quality 

J. Todd Yates and Teresa B. Yates v. DENR, Div. of Water Quality 

N.G. Purvis Farms, Inc. v. DENR, Division of Water Quality 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AIJ 


DECISION 


REGISTER CITATION 


98 CPS 0342 


Chess 


07/26/99 




98 CPS 0398 


Chess 


10/09/99 




98 CPS 0788 


Chess 


10/28/99 




98 CPS 1279 


Chess 


11/01/99 




98 CPS 1412 


Wade 


08/06/99 




98 CPS 1626 


Momson 


06/09/99 




99 CPS 0096 


Momson 


05/25/99 




99 CPS 01 18 


Owens 


08/03/99 




99 CPS 0426 


Reilly 


08/03/99 




99 CPS 0504 


Reilly 


07/29/99 




99 CPS 0521 


Gray 


09/08/99 




99 CPS 0564 


Phipps 


08/04/99 




98EHRI315 


Wade 


06/04/99 


14:02 NCR 110 


98 EHR 1600 


Reilly 


10/08/99 


14:11 NCR 926 


98EHR I60I 


Reilly 


10/08/99 




99 EHR 0069 


Owens 


09/27/99 




99 EHR 0166 


Chess 


06/28/99 




99 EHR 0201 


Morrison 


06/28/99 




99 EHR 0344" 


Phipps 


09/28/99 




99 EHR 0380" 


Phipps 


09/28/99 




99 EHR 0506 


Lassiter 


10/07/99 




99 EHR 0560" 


Reilly 


11/01/99 




99 EHR 0613" 


Reilly 


11/01/99 




99 EHR 0692 


Reilly 


08/19/99 




99 EHR 0745 


Morrison 


07/27/99 




99 EHR 0773 


Wade 


10/13/99 




99 EHR 0814 


Owens 


08/18/99 




99 EHR 0840 


Momson 


11/19/99 




99 EHR 092 1 


Wade 


1 1/02/99 




99 EHR 1076 


Momson 


10/18/99 




99 EHR 1106 


Mann 


1 1/03/99 




99 EHR 1131 


Wade 


11/19/99 




98 EHR 1735 


Gray 


09/30/99 


14: 10 NCR 900 


98 EHR 1790 


Mann 


06/23/99 




99 EHR 0283 


Wade 


08/11/99 




99 EHR 0642 


Mann 


08/10/99 




99 EHR 01 27 


Gray 


07/27/99 




98 EHR 1457 


Morrison 


06/09/99 




99 EHR 0632 


Wade 


10/04/99 




99 EHR 0799 


Morrison 


10/29/99 




99 EHR 0553 


Reilly 


08/19/99 




97 EHR 1026 


Phipps 


07/26/99 


14:04 NCR 343 


98 EHR 1456 


Wade 


06/22/99 




99 EHR 0696 


Chess 


08/27/99 





BOARD OF GEOLOGISTS 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1211 



Um UbLPIIIBUUL^UR. 



CONTESTED CASE DECISIONS 



AGENCY 

Andrew M. Ranng, Ph. D v. Board for the Licensing of Geologists 

HEALTH AND HU\UN SERVICES 

Eardley "JR" Stephens v. St. Bd. of Nurse's Aides and Practitioners 

Ernest Clyde Absher and Dianna B. Absher v. Health & Human Resources 

Andrew Gainey v. Office of the Chief Medical Examiner 

J. P. Lynch v. Department of Health & Human Services 

Paul Walker, Tfiomas Walker & Mary Walker v. Mecklenburg Area 

Mental Health 
New Hope Living Centers, Enc D. Lewis v. Health & Human Services 
Frank McKoy v. Department of Health & Human Services 
Joan Mane McDaniel v. Department of Health & Human Services 
Lonnie Herring v. Department of Health & Human Services 
Roben H. Riley v. Office of the Governor, Office of Citizen Services 
Betty C. Patterson v. Department of Health & Human Services 
Rayner Super Mkt.. J.K. Rayner, Jr. v. Department of Health and 

Human Services 
Monica Denise Dayson v. Department of Health & Human Services 

Division of Child Development 

Shaw Speaks Child Dev. Ctr. v Health & Human Svcs., Child Dev. 
Lachelle L. Parsons v. Health & Human Svcs, Div. of Child Dev. 
In The Beginning, inc. v. Health & Human Svcs., Div. of Child Dev. 
Dulatown Outreach Center, Inc. v. Health & Human Svcs., Child Dev. 
Michele Denoff v. Health & Human Services, Div. of Child Dev. 
MLCM, Inc., Mary C. McGovem v. DHHS. Div. of Child Dev. 
Small World Daycare II, Trena S. McDaniel v. Health & Human Svcs., 
Div. of Child Dev. 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AL,I 


DECISION 


REGISTER CITATION 


99 BOG 0150 


Mann 


06/16/99 




98 DHR 015.5 


Phipps 


08/25/99 




98 DHR 1622 


Reilly 


06/17/99 




98DHR 1761 


Owens 


05/12/99 


I4;01 NCR 69 


99 DHR 01 11 


Reilly 


05/25/99 




99 DHR 0155 


Momson 


08/19/99 




99 DHR 0170 


Owens 


05/25/99 




99 DHR 0226 


Wade 


07/06/99 




99 DHR 0305 


Reilly 


08/05/99 




99 DHR 0350 


Reilly 


06/03/99 




99 DHR 0356 


Wade 


07/21/99 




99 DHR 0954 


Reilly 


11/05/99 




99 DHR 0961 


Momson 


11/15/99 




99 DHR 1041 


Reilly 


09/29/99 




99 DHR 0042 


Gray 


07/22/99 




99 DHR 0445 


Reilly 


07/19/99 




99 DHR 0575 


Mann 


07/19/99 




99 DHR 0688 


Owens 


07/21/99 




99 DHR 0695 


Owens 


08/05/99 




99 DHR 1032 


Wade 


11/19/99 




99 DHR 1038 


Lassiter 


10/06/99 





Division of Facility Senices 

Kelly M. Poole v. Health & Human Services, Div. of Facility Services 

Norma Faye Lewis v. Health & Human Svcs., Div. of Facility Services 

Delia C. Jones v. Health & Human Services, Div. of Facility Services 

Heather Alane Scott v. Health & Human Svcs. Div of Facility Services 

Effie Ruth Smith v. Health & Human Svcs., Div. of Facihty Services 

Vivienne Gelona Marshall v. DHHS, Div. of Facility Services 

Sarah L. Mathis v. DHHS, Div. of Facility Services 

Dons Laviner Moser v. Health & Human Services, Div. of Facility Svcs. 

Norma Faye Lewis v. Health & Human Svcs., Div. of Facility Services 

Carolyn Grant v. Health & Human Services, Div. of Facility Services 

Manon Moser Thompson v. Health & Human Svcs., Facility Services 

Rose Marie Hadley v. Health & Human Svcs., Div. of Facility Services 

Sarah Frances Alford v. Health & Human Svcs., Div. of Facility Svcs. 

Alvin L. Phynon Jr. v. Health & Human Svcs., Dept. of Facility 

Barbara Rhue v. D.F.S. 

Barbara Rhue v. D.F.S. 

Michelle Johnson v. DHHS, Division of Facility Services 

Esther Nieves v. Health & Human Services, Div. of Facility Services 

Apnl De'Shelle Turner v. DHHS, Div. of Social Service, 

Program Integnty Branch 
Shirley Ann Beck v. Division of Facility Services 

Division of Medical Assistance 

Intenm HealthCare - Moms Group, Inc., Lisa B. Moms, RN. BSN v. 

DHHS, Division of Medical Assistance 
Companion Health Care, Inc. v. Div. of Medical Assistance, DHR 



97 DHR 0629 


Chess 


06/14/99 


98 DHR 1274'' 


Phipps 


07/02/99 


98 DHR 1680 


Gray 


06/09/99 


98 DHR 1671 


Gray 


10/08/99 


98 DHR 1774 


Chess 


07/14/99 


98 DHR 1786 


Phipps 


09/02/99 


99 DHR 0032 


Momson 


09/24/99 


99 DHR 0074 


Wade 


08/06/99 


99 DHR 0144*' 


Phipps 


07/02/99 


99 DHR 0145 


Mann 


06/11/99 


99 DHR 0216 


Gray 


08/1.V99 


99 DHR 0218 


Wade 


08/06/99 


99 DHR 0220 


Phipps 


06/08/99 


99 DHR 0230 


Mann 


07/07/99 


99 DHR 0401*' 


Wade 


07/30/99 


99 DHR 0414*' 


Wade 


07/30/99 


99 DHR 0546 


Gray 


10/12/99 


99 DHR 0766 


Phipps 


07/21/99 


99 DHR 0927 


Gray 


10/21/99 


99 DHR 0942 


Mann 


09/24/99 


99 DHR 0552 


Mann 


09/01/99 


99 DHR 0762 


Owens 


07/29/99 



Division of Mental Health, Developmental Disabilities and Substance Abuse Services 

S.S. by her parents and next fnends, D.S. & A.S. v. DMH/DD/SAS 99 DHR 0538 



Gray 



08/02/99 



Division of Social Services 

Robert H. Riley v. Iredell County DSS 

Robert H. Riley v. Health & Human Svcs., Div. of Social Services 

Joanna Pnce v. Caldwell County Social Services 

Veronica Owens v. Dept. of Social Services Union County 



99 DHR 0354 


Wade 


07/21/99 


99 DHR 0355 


Wade 


07/21/99 


99 DHR 0520 


Momson 


06/10/99 


99 MIS 0677 


Mann 


08/17/99 



Consolidated Cases. 



1212 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



CONTESTED CASE DECISIONS 



AGENCY 

Child Support Enforcement Section 
Grady J. Griffith v. Department of Human Resources 
Lindy Teachout -v. Department of Health & Human Services 
Thomas Ashley Stewart II v. Department of Health & Human Services 
June V, Pettus v. Department of Human Resources 
Floyd W. Huhbard v. Department of Human Resources 
Richard Arnold Collins v. Jones County DSS 
David S. Blackwelder v. Department of Human Resources 
June V. Pettus v. Department of Human Resources 
Grady J. Griffith v. Department of Human Resources 
John T. Raynor v. Department of Human Resources 
Kenneth Wayne Adair v. Department of Human Resources 
Randy Snead v. Department of Human Resources 
Shawn E. Williams v. Department of Human Resources 
Hurt G. Stokes v. Department of Health & Human Services 
Ronald E. Sanders v. Department of Human Resources 
Willie D. Davis v. Department of Human Resources 
G.S. Hall V. Department of Health & Human Services 
Charles Stewart v. Department of Human Resources 
Kenneth A. McCrorie v. Department of Human Resources 
Daniel R. Klock v. Department of Human Resources 
David M. VanDyke v. Department of Human Resources 
Jerome Maddox v. Department of Health & Human Services 
Sam Anderson v. Department of Human Resources 
Donald Edward Law II v. Department of Human Resources 
Sechia Lee Corbelt v. Department of Human Resources 
Robert T. Ausband v. Department of Human Resources 
Shawn E. Williams v. Department of Human Resources 
Antonio Melendez v. Department of Health & Human Services 
William W. Heck v. Department of Human Resources 
Rickey Lighmer v. Department of Human Resources 
Robert M. Chandler Jr. v. Department of Health & Human Services 
Jermaine L. Covington v. Department of Health & Human Services 
Mitchell Moses. Jr. v. Department of Health & Human Services 
Grady L. Chosewood v. Department of Health & Human Services 
Fulton Allen Tillman v. Department of Health & Human Services 
Nathaniel Alston v. Department of Health & Human Services 
Bret Burtrum v. Department of Health & Human Services 
Cednc A. Hurst v. Department of Human Resources 
Dane Wesley Ware v. Department of Health & Human Services 
Paul H. Padnck v. Department of Health & Human Services 
Oscar William Willoughby Sr. v. Dept. of Health & Human Services 
Kelvin E. Townsend v. Department of Health & Human Services 
Billy J. Young v. Department of Health & Human Services 
Rodney Eugene Caldwell v. Department of Health & Human Services 
Adelheide J. Cooper v. Department of Health & Human Services 
Beverly K. Thompson v. Department of Health & Human Services 
Michael L. Timmer v. Department of Health & Human Services 
Elizabeth F. West v. Department of Health & Human Services 
Troy Gibson v. Department of Health & Human Services 
Roy D. Washington v. Department of Health & Human Services 
Everett A. Mitchell v. Department of Health & Human Services 
Corey Antoine Johnson v. Department of Health & Human Services 
Holland E. Harold v. Department of Health & Human Services 
Larry Lowell Dixon v. Department of Health & Human Services 
Calvin D. Alston v. Department of Health & Human Services 
Marquel Simmons v. Department of Health & Human Services 
Anthony Vincente Battista v. Department of Health & Human Services 
Gerald Scott Saucier v. Department of Health & Human Services 
Lawrence Gordon Soles v. Department of Health & Human Services 
Mohamed Moustafa v. Department of Health cS; Human Services 
Damion C. Graham v. Department of Health & Human Services 
Vicky L. Day v. Department of Health & Human Services 
Matthew Conklin v. Department of Health & Human Services 
Charlie James White v. Department of Health & Human Services 
Bennie Lamar Knighten v. Department of Health & Human Services 
Larie Bolton v. Department of Health & Human Services 
Randy Lewis Bryant v. Department of Health & Human Services 



CASE 




DATE OF 


NUMBER 


ALJ 


DECISION 


97CRA 1570 


Mann 


10/26/99 


98 CRA 0727 


Reilly 


06/24/99 


99 CRA 0628 


Reilly 


06/14/99 


96CSE 1721** 


Mann 


09/17/99 


96CSE 1725 


Reilly 


09/02/99 


96CSE 1810 


Reilly 


06/28/99 


97CSE04I6 


Morrison 


08/24/99 


97CSE0867*" 


Mann 


09/17/99 


97CSE 1569 


Mann 


10/26/99 


98 CSE 0054 


Gray 


10/21/99 


98 CSE 0229 


Momson 


06/30/99 


98 CSE 0544 


Gray 


10/21/99 


98 CSE 0845 


Phipps 


09/2 1/99 


98 CSE 0898 


Gray 


07/23/99 


98 CSE 1182 


Mann 


10/26/99 


98 CSE 1387 


Mann 


09/17/99 


98 CSE 1392 


Reilly 


06/24/99 


98 CSE 1419 


Mann 


09/17/99 


98 CSE 1435 


Gray 


08/04/99 


98 CSE 1440 


Morrison 


10/20/99 


98 CSE 1549 


Mann 


09/17/99 


98 CSE 1562 


Mann 


09/17/99 


98 CSE 1585 


Mann 


09/17/99 


98 CSE 1586 


Momson 


06/25/99 


98 CSE 1588 


Phipps 


09/21/99 


98 CSE 1612 


Mann 


1 1/02/99 


98 CSE 1613 


Phipps 


09/21/99 


98 CSE 1635 


Chess 


09/30/99 


98 CSE 1638 


Mann 


09/17/99 


98 CSE 1717 


Reilly 


1 1/02/99 


98 CSE 1789 


Phipps 


05/27/99 


99 CSE 0209 


Lassiter 


11/18/99 


99 CSE 0217 


Wade 


1 1/30/99 


99 CSE 0301 


Mann 


07/01/99 


99 CSE 03 11 


Reilly 


06/30/99 


99 CSE 0317 


Mann 


07/01/99 


99 CSE 03 18 


Wade 


07/14/99 


99 CSE 0330 


Chess 


08/10/99 


99 CSE 0359 


Gray 


06/28/99 


99 CSE 0370 


Mann 


1 1/02/99 


99 CSE 0371 


Momson 


06/28/99 


99 CSE 0373 


Phipps 


07/12/99 


99 CSE 0374 


Reilly 


06/14/99 


99 CSE 0427 


Lassiter 


10/20/99 


99 CSE 0428 


Phipps 


07/19/99 


99 CSE 0435 


Reilly 


06/14/99 


99 CSE 0437 


Wade 


06/08/99 


99 CSE 0451 


Momson 


05/25/99 


99 CSE 0462 


Owens 


07/19/99 


99 CSE 0481 


Reilly 


06/25/99 


99 CSE 0483 


Chess 


10/05/99 


99 CSE 0486 


Gray 


09/13/99 


99 CSE 0509 


Mann 


1 1/02/99 


99 CSE 05 18 


Morrison 


08/24/99 


99 CSE 0539 


Owens 


08/10/99 


99 CSE 0547 


Wade 


08/06/99 


99 CSE 0551 


Chess 


08/31/99 


99 CSE 0576 


Mann 


06/09/99 


99 CSE 0581 


Morrison 


06/09/99 


99 CSE 0582 


Owens 


08/05/99 


99 CSE 0635 


Wade 


12/06/99 


99 CSE 0679 


Gray 


09/27/99 


99 CSE 0689 


Mann 


09/17/99 


99 CSE 0690 


Momson 


07/20/99 


99 CSE 0702 


Owens 


09/20/99 


99 CSE 0735 


Phipps 


08/06/99 


99 CSE 0737 


Reilly 


09/20/99 



PUBLISHED DECISION 
REGISTER CITATION 



14.13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1213 



■n 



CONTESTED CASE DECISIONS 



AGENCY 

Earl C. Jones. Sr. v. Department of Health & Human Services 
Joseph F. Donaldson, III v. Department of Health & Human Services 
Naion V, Pride v. Department of Health & Human Services 
Claude W, Jordan v. Department of Health & Human Services 
Henry Roosevelt Mercer v. Department of Health & Human Services 
Bobby Gene Owens v. Department of Health & Human Services 
Thomas L. Vaughn v. Department of Health & Human Services 
Robert F, Skipper v. Department of Health & Human Services 
Gerald W. Lawson v. Department of Health & Human Services 
Debbie Galmon Moore v. Department of Health & Human Services 
Kenneth Dana Kirk v. Department of Health & Human Services 
Gill T. Smith V. Department of Health & Human Services 
Clarence Earl Burden v. Department of Health & Human Services 
Gary Willis v. Department of Health & Human Services 
William Kizzie v. Depanment of Health & Human Services 
Michael Bryant v. Department of Health & Human Services 
Sharon Tucker v. Department of Health & Human Services 
Eddie Southards v, Depanment of Health & Human Services 
Kathryn P. Fagan v. Department of Health & Human Services 
Tresha W. Robinson v. Department of Health & Human Services 
Robert Dwayne Kennedy v. Department of Health & Human Services 
Deborah Seegars v. Department of Health & Human Services 
Lillian Anne Darroch v. Department of Health & Human Services 
Evelyn C. Pratt v. Department of Health & Human Services 
Jacqueline D. Caldwell v. Department of Health & Human Services 

JUSTICE 

Alarm Systems Licensing Board 

Terry Allen Brickey v. Alarm Systems Licensing Board 
Travis Enc Reardon v. Alarm Systems Licensing Board 
Brian Anthony Bartimac v. Alarm Systems Licensing Board 
Paul Luke Walczak v. Alarm Systems Licensing Board 
Melvin T. Lohr v. Alarm Systems Licensing Board 
Bradford D. Penny v. Alarm Systems Licensing Board 
Benny L. Shaw v. Alarm Systems Licensing Board 
Tracey Larue Sanlana v. Alann Systems Licensing Board 
Donald Eugene Boger v. Alarm Systems Licensing Board 
Kajur Washburn v. Alarm Systems Licensing Board 
Timothy Chezere Sifford v. Alann Licensing Board 
Howard Douglas Self v. Alarm Licensing Board 

Education and Training Standards Division 

Rock Steven Edwards v. Cnminal Justice Ed. & Training Stds. Comm. 
Anthony Scott Hughes v. Shenffs' Ed. & Training Standards Comm. 
Hal Pilgreen v. Criminal Justice Ed. & Training Stds. Comm. 
Emma J. Kiser v. Sheriffs' Ed. & Training Standards Comm. 
Keith Allen Norns v. Shenffs' Ed. & Training Standards Comm. 
Sherry Davis Kenney v. Criminal Justice Ed. & Training Stds. Comm. 
Bnan G. Mead v. Cnminal Justice Education & Training Stds. Comm. 
Steven Randolph Russell v. Cnminal Justice Ed. & Training Stds. Comm. 
Russell Lee Yelverton v. Criminal Justice Ed. & Training Stds. Comm, 
James Manon Massey v. Cnminal Justice Ed. & Training Stds. Comm. 
Mark E. Narron v. Shenffs' Ed. & Training Stds. Commission 
Shean E. Taylor v. Shenffs' Ed. & Training Stds. Commission 
Dennis L. Ramsingh v. Shenffs' Ed. & Training Stds. Commission 
Sandra G. Armstrong v. Sheriffs' Ed. & Training Standards Comm. 
Edward L. Lusk v. Shenffs' Ed. & Training Standards Comm. 
Tonnette Bembury v. Sheriffs' Ed. & Training Standards Comm. 
Terry Leon Jones v. Criminal Justice Education & Training Stds. Comm. 
Brenda J. Hines v. Sheriffs' Education & Training Stds. Comm. 

Private Protective Services Board 

Tri-City Secunties and James G. Hutcherson v. Private Protective Svcs. Bd. 

Tri-City Secunties and James G. Hutcherson v. Pnvate Protective Svcs. Bd. 

Ordie Hazu McFarland v. Pnvate Protective Services Board 

Thomas E. Mewborn v. Pnvate Protective Services Board 

Michael Lynn .-^ner v. Pnvate Protective Services Board 

Jeffrey S. Moore v. Private Protective Services Board 

Bonnie Mane Keller v. Pnvate Protective Services Board 



CASE 




DATE OF 


NUMBER 


AL,I 


DECISION 


99 CSE 0801 


Gray 


08/10/99 


99 CSE 0802 


Mann 


11/02/99 


99 CSE 0825 


Phipps 


08/20/99 


99 CSE 0831 


Reilly 


10/1 1/99 


99 CSE 0841 


Wade 


10/20/99 


99 CSE 0877 


Gray 


10/1 1/99 


99 CSE 0883 


Mann 


1 1/08/99 


99 CSE 0899 


Morrison 


10/20/99 


99 CSE 0909 


Lassiter 


11/16/99 


99 CSE 0957 


Gray 


10/18/99 


99 CSE 0972 


Mann 


10/26/99 


99 CSE 1015 


Wade 


1 1/30/99 


99 CSE 1037 


Chess 


11/18/99 


99 CSE 1040 


Gray 


12/02/99 


99 CSE 1049 


Momson 


12/01/99 


99 CSE 1235 


Gray 


11/17/99 


99 CSE 1283 


Reilly 


1 1/30/99 


99 CSE 1288 


Momson 


1 1/30/99 


98 DCS 1769 


Momson 


06/25/99 


99 DCS 0480 


Gray 


10/18/99 


99 DCS 0482 


Wade 


09/10/99 


99 DCS 0505 


Phipps 


06/30/99 


99 DCS 0555 


Gray 


07/06/99 


99 DCS 0813 


Owens 


08/25/99 


99 DCS 0974 


Momson 


09/20/99 



PUBLISHED DECISION 
REGISTER CITATION 



99 DOJ 0097 


Wade 


05/21/99 




99 DOJ 0446 


Phipps 


07/28/99 




99 DOJ 0487 


Momson 


05/25/99 




99 DOJ 0489 


Owens 


08/03/99 




99 DOJ 0490 


Momson 


05/24/99 




99 DOJ 0522 


Momson 


06/08/99 




99 DOJ 0523 


Morrison 


06/08/99 




99 DOJ 0524 


Phipps 


09/24/99 




99 DOJ 07 15 


Owens 


07/29/99 




99 DOJ 0716 


Owens 


07/29/99 




99 DOJ 1022 


Momson 


09/24/99 




99 DOJ 1230 


Reilly 


10/27/99 




98 DOJ 0906 


Chess 


05/L3/99 




98 DOJ 1530 


Chess 


05/12/99 




98 DOJ 1775 


Chess 


06/09/99 




98 DOJ 1793 


Gray 


06/07/99 




99 DOJ 0045 


Mann 


07/29/99 


14:04 NCR 351 


99 DOJ 0067 


Wade 


06/08/99 




99 DOJ 0106 


Gray 


10/07/99 




99 DOJ 0123 


Owens 


10/29/99 


14:11 NCR 928 


99 DOJ 0131 


Phipps 


08/11/99 




99 DOJ 0168 


Reilly 


10/1 1/99 




99 DOJ 0453 


Momson 


09/08/99 


14:07 NCR 568 


99 DOJ 0790 


Reilly 


09/29/99 




99 DOJ 0796 


Gray 


11/04/99 




99 DOJ 0844 


Mann 


09/24/99 




99 DOJ 0846 


Phipps 


09/29/99 




99 DOJ 0934 


Reilly 


09/29/99 




99 DOJ 1054 


Wade 


10/21/99 




99 DOJ 1138 


Wade 


10/14/99 




98 DOJ 1749*' 


Phipps 


09/02/99 




98 DOJ 1752*' 


Phipps 


09/02/99 




99 DOJ 0099 


Momson 


10/12/99 




99 DOJ 0101 


Owens 


07/30/99 




99 DOJ 0262 


Wade 


05/25/99 




99 DOJ 0488 


Momson 


05/24/99 




99 DOJ 0491 


Momson 


05/24/99 





1214 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



CONTESTED CASE DECISIONS 



AGENCY 

Shawn E. Alexander v. Private Protective Services Board 
Ronald E. Sulloway v. Private Protective Services Board 
Raymond Solomon v. Private Protective Services Board 
Charles E. Evans, Jr. v. Private Protective Services Board 
Lawrence Martin v. Private Protective Services Board 
William E. Ellis, Sr. v. Pnvate Protective Services Board 
Bobby James Nicholson v. Pnvate Protective Services Board 
Murray J. Degnan v. Pnvate Protective Services Board 
Thomas William Atchison v. Private Protective Services Board 
Mark Lavem Hewitt v. Pnvate Protective Services Board 
Robert Steven Pekel v. Private Protective Services Board 
Jacqueline Renee Haywood v. Pnvate Protective Services Board 
Garland D. Melvin v. Private Protective Services Board 
Chris George McCracken v. Private Protective Services Board 

PUBLIC INSTRUCTION 

Manin Wayne Retchcr v. St. Bd. of Educ, Dept of Public Instruction 
S.H. by and through her guardian and custodian. H.H, and H.H v. 

Henderson County Board of Education 
Paula Momll, individually/on behalf of John Morrill v. Wake Cty. Schools 
SL.F. and S.F.F. v. Charlotte-Mecklenburg Board of Education 
Marshall Scott Brannan v. Department of Public Instruction 
Matthew Weber, and his father and next fnend, Bnan Weber, and Bnan 

Weber v. Wilkes County Schools 
Deborah F. Brogden v. State Board of Education 
C Kenneth Wamngton v. Edgecombe County Schools 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AL.I 


DECISION 


REGISTER CITATION 


99 DOJ 0492 


Owens 


07/19/99 




99 DOJ 0493 


Momson 


05/24/99 




99 DOJ 0494 


Morrison 


05/25/99 




99 DOJ 0496 


Momson 


0.5/2.5/99 




99 DOJ 0526 


Momson 


10/2.5/99 




99 DOJ 0527 


Momson 


06/08/99 




99 DOJ 0528 


Phipps 


08/17/99 




99 DOJ 0529 


Gray 


1 1/29/99 




99 DOJ 1018 


Momson 


09/21/99 




99 DOJ 1019 


Gray 


11/10/99 




99 DOJ 1020 


Gray 


11/10/99 




99 DOJ 1123 


Gray 


11/10/99 




99 DOJ 1296 


Morrison 


1 2/03/99 




99 DOJ 1417 


Momson 


1 1/29/99 




98EDC0001 


Chess 


09/21/994 




98EDC 1124 


Mann 


06/1 1/99 




98 EDC 1205 


Gray 


09/24/99 




98 EDC 1649 


Mann 


06/04/99 




98 EDC 1796 


Owens 


07/1.3/99 


14:07 NCR 565 


99 EDC 0291 


Mann 


09/07/99 




99 EDC 0734 


Reilly 


10/05/99 




99 EDC 0955 


Reilly 


09/29/99 





STATE PERSONNEL 



Department of Agriculture 

H.C. Troxler, Jr. v. Dept. of Agnculture and Consumer Services 

Community Colleges 

Thomas Michael Chamberlin v. Department of Community Colleges 

Correction 

E. Wayne Irvin v. Department of Correction 
Pershield DeLoatch v. Department of Correction 
Deborah Smith v. Department of Conection 
Maydean L. Taylor v. Department of Cortection 

■■^nn McMillian v. Momson Youth Institution, Department of Correction 
Edward Alan Roper v. DOC, Div. of Pnsons, Western Youth Institute 
Shirley Sellars v. Department of Correction 

Sean R. Dillard v. Dept. of Conection, Pasquotank Correctional Inst. 
DeCarlos Stanley v. Department of Correction 
Steve A. Matthews v. Department of Conection 
Patnck Smith v. Department of Conection 
Harry E. Kenan v. Capt. B.F. Lewis, Polk Youth Insutution 
Robert Russell, Jr. v. Jeff Jones. Div of Community Corrections 
Judith Caves v. Department of Conection 
Shirley Sellars v. Department of Conection 

Richmond Fulmore v. Department of Conection, Wake Conectional 
Henry C. Parks v. DART/Admin.. Ann Shea, Edward McCall, Thomas 
G. Ivester 
Jerry D. Crawford v. Department of Conection 
Walter L. Whitaker v. Capt. Ricky Johnson, Pasquotank Con. Inst. 
Angelo Alfonzo Smith v. Department of Conection 
Charies Creegan v. Department of Conection 
David J. Dennis v. Department of Corrections, Polk Youth Institution 
Tara King v. Department of Conections 
Joyce Ann Bullock v. Polk Youth Insntution 
Timothy Raniey v. Department of Conection 

Crime Control and Public Safety 

Thomas Michael Chamberlin v. DCCPS. Center for Missing Persons 

j\onh Carolina School for the Deaf 

Steve Crawford v. North Carolina School for the Deaf 



99 OSP 0659 


Chess 


07/27/99 




99OSP0286 


Phipps 


06/25/99 




94 OSP 1791 


Morrison 


0.5/18/99 


4:01 NCR 60 


98 OSP 1026 


Gray 


08/1 1/99 




98 OSP 1126 


Chess 


06/22/99 




98 OSP 1272 


Chess 


05/14/99 




98 OSP 1275 


Chess 


05/12/99 




98 OSP 1644 


Gray 


08/11/99 




98 OSP 1788'" 


Gray 


09/30/99 




98 OSP 1800 


Gray 


08/26/99 




99 OSP 0027 


Momson 


06/22/99 




99 OSP 0162 


Momson 


08/20/99 




99 OSP 0163 


Momson 


10/14/99 




99 OSP 0257 


Phipps 


06/07/99 




99 OSP 0258 


Lassiter 


09/29/99 




99 OSP 0338 


Phipps 


09/29/99 


4:11 NCR 945 


99 OSP 0386'" 


Gray 


09/30/99 




99 OSP 0416 


Mann 


06/04/99 




99 OSP 05 12 


Momson 


09/22/99 




99 OSP 0577 


Reilly 


06/02/99 




99 OSP 0644 


Gray 


10/12/99 




99 OSP 0675 


Gray 


1 1/04/99 




99 OSP 0765 


Reilly 


08/03/99 




99 OSP 0918 


Chess 


10/12/99 




99 OSP 0930 


Chess 


1 1/08/99 




99 OSP 1065 


Wade 


11/15/99 




99 OSP 1085 


Chess 


1 1/22/99 




99 OSP 0596*" 


Gray 


08/16/99 




99 OSP 0640 


Lassiter 


10/18/99 





14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1215 



CONTESTED CASE DECISIONS 



AGENCY 

Danny Wilson Carson v. North Carolina School for the Deaf 
Eric Arden Hurley v. North Carolma School for the Deaf 

Employment Security Commission 

Russell J. Suga v. Employmenl Secunly Commission 

Environment and Natural Resources 

L. Chiton Carroll v. Dept of Natural Resources, Div. of Parks and 

Recreation 
Larry A. Caniphell v. NC Wildlife Resources Commission 
Paihe Vivek v. Department of Environment & Natural Resources 

Health and Human Sen'ices 

Debbie L. Whitley v. Wake County Department of Social Services 

Vera Crenshaw v. DHHS, Julian F. Keith Ale. & Drug Abuse Trtmi. Ctr. 

Ivey G. RJiodes v. Pitt County Mental Health Center 

Odessa D. Gwynn v. Caswell County Health Department 

Dons Virginia Wearing v. Durham County Health Department 

Julia A. Cameron v. John Umstead Hospital, Health & Human Services 

Danny Jacob v. Onslow County Board of Healtli 

Jency Abrams v. Department of Health & Human Services 

Lisa Adams-Houghton v. Rockingham Co. Dept of Social Services 

Timothy Truzy v. Department of Health & Human Services 

Carlos D. Burks, Sr. v. North Carolina Special Care Center 

Bryan Benson v. Durham Cty. .Area MH/DD/SAS Program 

Shirley C. Jones v. Department of Health & Human Services 

Odell Hudson v. Health & Human Svcs., Dorothea Dix Hospital 

Enca Joynes v. Durham County Department of Social Services 

Thomas Michael Chamberlin v. Off. of Juvenile Justice. Juvenile 

Services Division, 14" District Court Division 
Cheryl Highsmith v. DHHS, Youth Svcs., New Hanover Reg. Juvenile 

Detention Center 
Carolyn A. Carter v. Cleveland County Dept of Social Services 
Veda B. Gill v. Durham County Department of Social Services 
Anthony Ratcliff v. Department of Health & Human Services 

Johnston County 

Lili Romatne Lee v. County of Johnston 

Justice 

Thomas Michael Chamberlin v. Justice, Justice Academy 

Labor 

Robert C. Adams v. Department of Labor 

Department of Public Instruction 

Billy McEachem v. Schools of Robeson County 
John Lee Herbin v. Smarkand Manor Training School 
Linda D. Chapman v. Lenoir County Public Schools 

State Auditor 

Antonio Allen Bolton v. Office of the N.C. State Auditor 

Tran sportation 

Michelle Maloney Wilkins v. Department of Transportation 

Judy S. Gnndstaff v. Department of Transportation 

Charles W. McAdams v. Dept. of Transportation, Div/Motor Vehicles 

Larry R. Lane v. Department of Transportation 

Ronald Roberson v. Dept. of Transportation, Right-of-Way Branch 

Shelvia Davis v. Department of Transportation 

Carmalita Daniels v. Department of Transportation 

University of North Carolina 

Wanda Troxler v. A & T State University and Dr. Ray J. Davis 
Vivian Smith Hammiel, Ling-Chih C. Hsu and Joel A. Williams v. East 

Carolina University 
Vivian Smith Hammiel, Ling-Chih C. Hsu and Joel A. Williams v. East 

Carolina University 
Vivian Smith Hammiel, Ling-Chih C. Hsu and Joel A. Williams v. East 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


AL,I 


DECISION 


REGISTER CITATION 


99OSP064I 


Lassiter 


10/18/99 




99 OS P 0087 


Reilly 


06/24/99 




96 0SPI122 


Reilly 


05/26/99 




98OSP09I4 


Gray 


10/22/99 


14:12 NCR 1082 


99 OSP 0050 


Momson 


11/10/99 


14:12 NCR 1086 


99 OS P 0956 


Chess 


10/06/99 




97 OSP 0722 


Phipps 


09/27/99 




98 OSP 0456 


Gray 


08/05/99 




98 OSP 0924 


Phipps 


07/09/99 




98 OSP 1299 


Gray 


08/25/99 




98 OSP 1432 


Reilly 


06/18/99 




99 OSP 0053 


Momson 


06/22/99 




99 OSP 0129 


Gray 


10/12/99 


14:11 NCR 936 


99 OSP 0147 


Owens 


08/11/99 




99 OSP 0278 


Gray 


1 1/04/99 




99 OSP 0316 


Gray 


10/22/99 




99 OSP 0325 


Owens 


08/25/99 




99 OSP 0516 


Gray 


08/31/99 




99 OSP 0533 


Mann 


09/24/99 




99 OSP 0609 


Gray 


07/07/99 




99 OSP 0671 


Gray 


07/13/99 




99 OSP 0673*-' 


Gray 


08/16/99 




99 OSP 0763 


Owens 


09/03/99 




99 OSP 1055 


Gray 


11/29/99 




99 OSP 1090 


Morrison 


11/09/99 




99 OSP 1483 


Phipps 


09/22/99 




99 OSP 0456 


Momson 


06/02/99 




99 OSP 0308 


Phipps 


06/1 1/99 




99 OSP 0667 


Gray 


07/28/99 




99 OSP 0189 


Wade 


09/04/99 




99 OSP 0273 


Gray 


08/04/99 




99 OSP 0691 


Reilly 


08/16/99 




99 OSP 0979 


Wade 


11/22/99 




98 OSP 0836 


Momson 


05/20/99 




98 OSP 1028 


Gray 


09/30/99 




99 OSP 0034 


Mann 


06/23/99 




99 OSP 0105 


Mann 


06/1 1/99 




99 OSP 0142 


Momson 


06/08/99 




99 OSP 0156 


Owens 


06/23/99 




99 OSP 0264 


Gray 


08/20/99 




97 OSP 0819 


Phipps 


08/02/99 




97 OSP 1268*- 


Phipps 


07/06/99 




97 OSP 1269*- 


Phipps 


07/06/99 




97 OSP 1270*- 


Phipps 


07/06/99 





( 



1216 



NORTH CAROLINA REGISTER 



January 4, 2000 



14:13 



CONTESTED CASE DECISIONS 



AGENCY 

Carolina University 
Jackie S. Flowers v. East Carolina University 
James A. Benton v. University of North Carolina at Charlotte 
Rex A. Coughenour v. University of North Carolina at Chapel Hill 
Anna Anita Huff v. Dr. Lonnie Sharpe/Dr. Reza Salami-Coll. /Engineering 
Rex A. Coughenour v. University of North Carolina at Chapel Hill 
Thomas Michael Chamberlin v. UNC @ Chapel Hill, Dept. of University 

Housing, Division of Student Affairs 
Halycon Tudie Blake v. University of North Carolina at Chapel Hill 
Bndgette R. Booker v. Winston-Salem Stale University 
Rex A. Coughenour v. University of North Carolina at Chapel Hill 
Temperance T. Tobe v. North Carolina Central University 
James W. Murrell v. University of North Carolina at Chapel Hill 
Harold Richardson v. University of North Carolina at Charlotte 

DEPARTMENT OF TRANSPORTATION 

Peter Kay.. Stem v. Depanment of Transportation 

UNIVERSITY OF NORTH CAROLINA 

Stephanie A. Payne v. UNC Hospitals 
Barbara A. Russell v. UNC Hospitals 
Robin Perkins Stephens v. UNC Hospitals 
Rita Jo Kincaid v. UNC Hospitals 
Rita Jo Kincaid v. UNC Hospitals 
Edna Heath v. UNC Hospitals 



CASE 




DATE OF 


NUMBER 


AL.I 


DECISION 


98 0SP1618 


Reilly 


06/24/99 


99 OSP 0047 


Wade 


10/08/99 


99OSP0517*' 


Reilly 


08/27/99 


99 OSP 0599 


Chess 


07/16/99 


99 OSP 0623*' 


Reilly 


08/27/99 


99 OSP 0674*-' 


Gray 


08/16/99 


99 OSP 0686 


Gray 


07/08/99 


99 OSP 073 1 


Chess 


09/03/99 


99 OSP 0830*" 


Reilly 


08/27/99 


99 OSP 0865 


Chess 


08/24/99 


99 OSP 1102 


Momson 


1 1/29/99 


99 OSP 1208 


Wade 


11/15/99 


99 DOT 0668 


Owens 


07/29/99 


99 UNC 0375 


Morrison 


06/21/99 


99 UNC 0540 


Gray 


08/11/99 


99 UNC 0563 


Owens 


07/21/99 


99 UNC 0746*' 


Reilly 


08/09/99 


99 UNC 0747*' 


Reillv 


08/09/99 


99 UNC 0943 


Chess 


10/15/99 



PUBLISHED DECISION 
REGISTER CITATION 



14:13 



NORTH CAROLINA REGISTER 



January 4, 2000 



1217 



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